Followers of the Chicago school theories of antitrust, a growing body on both sides of the Atlantic, have argued persuasively and with some passion that interference by competition authorities with the distribution arrangements operated by suppliers is both misguided and a waste of resources. Nevertheless, the view has prevailed within the EEC that vertical agreements are as much a threat to the objectives of the Community—free competition and market integration—as cartels and market abuses by monopolies. However, it soon became clear in the EEC that the sheer number of exclusive distribution and exclusive purchasing agreements operating within the EEC would effectively prevent a serious campaign against them, and largely for that reason Regulation 67/67 provided block exemption from Art. 85(1) for these agreements. Despite two renewals of this regulation the Commission was never fully satisfied with its operation, and it was finally replaced by Regulations 1983/83 and 1984/83, dealing respectively with exclusive distribution and exclusive purchasing agreements, and which form the subject-matter of this slim volume by Dr Korah.

The author’s primary task has been to examine the practical implications of the new regulations on the operation of businesses, in particular by highlighting areas of uncertainty. The published result is an expert and finely detailed analysis of the regulations and supporting guidelines, supplemented by economic analysis where appropriate. Throughout, Dr Korah makes little attempt to hide her disapproval of the general approach of the regulations in making significant inroads into free market conduct in the absence of any coherent motivating principle, and of the impossible complexity of provisions supposedly seeking to make the life of the European businessmen somewhat easier. Overall, the author has produced the definitive discussion of exclusive dealing in the EEC, which will be an indispensable guide to all those affected by it, and which merits study by legal practitioners and academics who wish a deeper insight into antitrust law and theory. This is Dr Korah at her abrasive best.