Treaty To Categories Of Vertical Agreements And Concerted Practices

Regulation (EC) No. 330/2010 [4] exempts vertical agreements from the prohibition in Article 101, paragraph 1 of the Treaty on the Functioning of the European Union, which meet the requirements for the exemption and do not contain so-called “strict” restrictions on competition. The main exception concerns vehicle distribution agreements which, until 31 May 2013, are subject to a three-year extension of the Council`s Regulation (EC) (EC) No. 461/2010 (Regulation (EC) No. 1400/2002 [5]. [6] Although the latter regulation applies Regulation (EC) 330/2010 to motor vehicle repair and spare parts agreements as of June 1, 2013, in addition, it complements Regulation 330 with three additional “hardcore” clauses in Regulation (EC) No. 2790/1999 of the Commission of 22 December 1999 concerning the application of Article 81, paragraph 3, ec to the categories of vertical agreements and concerted practices (3) and defines a category of vertical agreements that the Commission normally considers to meet the conditions set out in Article 101, paragraph 3, of the Treaty. Given the general positive experience of applying this regulation, which expires on May 31, 2010, and based on the experience gained since its adoption, a new category exemption regulation should be adopted. If these conditions are not met, these vertical restrictions are excluded from the exemption under the regulation.

However, the regulation continues to apply to the remaining portion of the vertical agreement where that part can operate independently of unsealed vertical restrictions. (2) Rule-based offences – a set of circumstances that raise the question of whether cooperation promotes or suppresses competition in the market (i.e. vertical restrictions on non-prices, for example. B when a dealer can sell). There are 5 restrictions that make the entire agreement excluded from the interest of the settlement, even if the supplier and buyer`s market share is less than 30%. They are considered severe restrictions on competition because they can harm consumers. In most cases, they are prohibited and it is unlikely that the vertical agreements they contain will meet the conditions set out in Article 101, paragraph 3, of the TFUE: vertical agreements: agreements for the sale and purchase of goods or services between companies operating at different levels of the production or distribution chain. B, such as distribution agreements between producers and wholesalers or retailers.

The prohibition under Article 101, paragraph 1 of the Treaty does not apply to the Period of 1 For agreements already in force on 31 May 2010 that do not meet the exemption requirements under this Regulation, but which, as of 31 May 2010, met the exemption requirements under Regulation (EC) No. 2790/1999. In deciding whether to withdraw the benefits of this regulation in accordance with Article 29 of Regulation (EC) No. 1/2003, the anti-competitive effects that may result from the existence of parallel networks of vertical agreements with similar effects that significantly limit access to or competition in a particular market. These cumulative effects can occur, for example. B, in the case of selective ban on distribution or non-competition.