Commission Notice On Vertical Agreements

Article 101(1) prohibits agreements between undertakings which affect trade between Member States of the Union and which have as their aim or effect the preventing, restricting or distorting competition within the Union. Article 101(2) TFEU annuls such agreements, unless they fulfil the conditions for exemption provided for in Article 101(3) (i.e. the economic benefits of an agreement outweigh their anti-competitive effects). In particular, cases relating to vertical restraints have accompanied the increase in e-commerce, such as Competitions against Samsung, in which the ECJ examined, in December 2016, the rules of jurisdiction applicable to actions concerning restrictions on resale in selective distribution systems. (For more information about private implementation, see Lexology Getting The Deal Through – Private Antitrust Litigation.) Describe all formal procedures for the notification of agreements that involve vertical restraints to the competent authority responsible for the enforcement of anti-dominant rules. .