KONCEPT I PRAVNO UREĐENJE SPORAZUMA O DISTRIBUCIJI U PRAVU EU
CONCEPT AND NORMATIVE REGIME OF DISTRIBUTION AGREEMENTS IN EU LAW

Summary/Abstract: Distribution of goods and services is very important in the developed trading system of modern world. Direct connection between the producers and the consumers is very rare in business practice, especially when international relations are concerned. It is usual in contemporary practice that, between the sealer and the buyer, appear more business subjects; these business subjects made a special distributive channel (connecting producers with consumers). Distribution of goods can be done in many different manners, no matter of the fact which of these forms is concerned, legal instrument for realisation of distribution are contracts. These contracts, used to provide distribution of goods and supply of consumers, have very important role in modern trade law. According to the type of agreement concerned many different distribution contracts exist in practice (exclusive distribution, exclusive purchasing, selective distribution, agency, and franchising). Distribution agreements (and their legal forms - contracts), generally contain same clauses which are not compatible with competition rules; the exclusivity clauses are the best example for these non-compatibility. It is very important to harmonise these contract stipulations with the competition law provision. This article analyses the specialities of distribution contracts, their types, essence, contents, their legal nature and, especially, the position and place of these agreements in European Union (competition) law. The place, importance and the permissibility of these agreements are regulated by the provisions of competition law; first of all by the rules of articles 101, (and 102) of UFEU, and the rules made by the Commision and Counsel of EU. The very significant role in legal regime of the distribution arrangements belongs to the Court of Justice too. The decisions made by Court of Justice, in certain determined cases (precedents), were created special law standards which become the patterns for resolving certain important dilemmas.

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