Criticism of the Sample Clauses

Criticism of the work at departure during piecework Pursuant to the provision in clause 74 (7, item. 4 and 5), the employer is entitled to criticise a job that, in case of departure during piecework, is not taken over by the remaining journeymen in the piecework, and which has not been criticised pursuant to clause 74 (7, item 1, 2 or 3).

Criticism of the market share thresholds The market share ceilings are the only workable tool the Commission was willing to adopt in its search for a middle ground between the need to grant some degree of certainty to firms and the need to introduce a (limited) block exemption to vertical restraints entered into by undertakings not enjoying market power. It is a suboptimal compromise between a more economic approach and a persistent tendency to (over)regulate competition policy and to pursue the integration of the internal market trough the application of article 81. This seeming prudence on the part of the Commission may appear to be justified in light of the decentralization of the application of EC competition policy and the need to ensure rules applicable to all Member States, especially now that the European Union is made by 25 Member States, and many of the new entrants have not a tradition of competition law and enforcement. Still, we ought not to let these practical considerations blind us to the unintended negative economic consequences that may thus result. Many have criticised the Commission’s choice to use market share ceilings in the BERs. Some have observed that market share does not always mirror the market power of a firm.121 Others have said that with such low market share thresholds, the Commission should have provided broader exemptions for most forms of vertical restraint. Market shares are difficult and costly to assess, precision may elude the quantifying observer, and the consequence may be debilitating legal certainty for the undertakings who are then called on to bear the onerous burden to prove the correctness of their assessments. The market shares of the firms may deviate from the original determinations and estimates after the conclusion of a long term distribution agreement. In the case in which the market share of the relevant firm rises after the conclusion of the agreement, the BER continues to apply for a period of one or two consecutive years after the relevant threshold is first exceeded (within certain limits).122 This places the parties in the difficult and problematic position of having to constantly monitor and constrain their sales to ensure the market share limit is not exceeded with the consequence that they might risk losing the protection of the relevant BER. A regulatory framework that might constrain an undertaking from succeeding is clearly inconsistent with efforts to promote a thriving economy. With regard to the TTBER, it ...