COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED 
TO MARKET SPECIFIC INVESTMENTS

Klepac, Lovro; Butorac Malnar, Vlatka

doi:10.25234/eclic/18817

Scientific paper - Original scientific paper

COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS

In: EU and Comparative Law Issues and Challenges Series (ECLIC). Osijek: Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. pp. 110-136. https://doi.org/10.25234/eclic/18817

Klepac, Lovro; Butorac Malnar, Vlatka

Cite this document

APA 6th Edition

Klepac, L. & Butorac Malnar, V. (2021). COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS. EU and Comparative Law Issues and Challenges Series (ECLIC) (pp. 110-136). Osijek: Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek. doi: 10.25234/eclic/18817

MLA 8th Edition

Klepac, Lovro and Vlatka Butorac Malnar. "COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS." EU and Comparative Law Issues and Challenges Series (ECLIC), Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021, pp. 110-136. https://urn.nsk.hr/urn:nbn:hr:118:392730

Chicago 17th Edition

Klepac, Lovro and Vlatka Butorac Malnar. "COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS." In EU and Comparative Law Issues and Challenges Series (ECLIC), 110-136. Osijek: Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. Accessed 2024 May 06. https://urn.nsk.hr/urn:nbn:hr:118:392730

Harvard

Klepac, L. and Butorac Malnar, V. (2021) 'COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS', EU and Comparative Law Issues and Challenges Series (ECLIC), Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, pp. 110-136. Available at: https://urn.nsk.hr/urn:nbn:hr:118:392730 (Accessed 06 May 2024)

Vancouver

Klepac L, Butorac Malnar V. COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS. EU and Comparative Law Issues and Challenges Series (ECLIC). Osijek: Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek; 2021. Pp. 110-136. [cited 2024 May 06] Available at: https://urn.nsk.hr/urn:nbn:hr:118:392730

IEEE

L. Klepac and V. Butorac Malnar, "COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS", EU and Comparative Law Issues and Challenges Series (ECLIC) Osijek: Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:118:392730 [Accessed: 06 May 2024]

Cite this item: https://urn.nsk.hr/urn:nbn:hr:118:392730

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Metadata

Title (english)	COMMERCIAL AGENTS AND ONLINE PLATFORMS RISKS RELATED TO MARKET SPECIFIC INVESTMENTS
Author	Lovro Klepac
Author	Vlatka Butorac Malnar
Author's institution	University of Rijeka FACULTY OF LAW (Department of European and Comparative Law) (Chair of International and Europena Private Law)
Scientific / art field, discipline and subdiscipline	SOCIAL SCIENCES Law
Abstract (english)	Certain suppliers choose to distribute their products through commercial agents. Due to special features of this particular commercial relationship, for the purpose of EU competition law the agent is considered to form an integral part of supplier’s undertaking and as a consequence, the agreement between the two falls out of the scope of competition rules. The aim of this article is to demonstrate the importance of the EU competition law criteria for agency qualification and the existent ambiguities in that regard, with a view of providing a much-needed clarification in the context of online platforms. To this end, the authors first provide a brief overview of CJEU and EU Commission development related to agency agreements, followed by a comparative NCA’s analysis of the market-specific investments as the most critical agency criteria when it comes to online platforms business models. Finally, authors analyze the revisions of Vertical Guidelines proposed during the EU Commission’s evaluation of VBER. The authors argue that Vertical Guidelines should make a clear distinction between online platform’s investments that are specifically related to the relevant market and investments which could also be used in other product markets. This would improve legal certainty for undertakings by allowing them to assess what types of risks or costs would bring their agreements within the scope of competition rules.
Keywords (english)
Language	english
Publication type	Scientific paper - Original scientific paper
Publication status	Published
Peer review	Peer review - international
Publication version	Published version
Publication title	EU and Comparative Law Issues and Challenges Series (ECLIC)
Numbering	pp. 110-136
ISBN	978-953-8109-40-9
DOI	https://doi.org/10.25234/eclic/18817
URN:NBN	urn:nbn:hr:118:392730
Publication	2021
Conference	Title: International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms" Location: Osijek, Croatia Start date: 2021-05-15 End date: 2021-05-15 Assembly type: Lecture
Document URL	http://bib.irb.hr/1171436
Document URL	https://hrcak.srce.hr/ojs/index.php/eclic/article/view/18817
Type of resource	Text
Publisher	Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek
Publishing place	Osijek
Access conditions	Open access
Terms of use
Created on	2022-02-24 08:26:44