Vertical Agreements Eu Regulation

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. Contracting parties may include restrictions or contractual obligations in vertical agreements to protect an investment or simply to ensure day-to-day activity (for example. B, sales, supply or purchase agreements). Beyond the 30% market share threshold, vertical agreements within the scope of Article 101, paragraph 1 of the Treaty, cannot generally result in objective advantages in this sense and in their size, in order to compensate for the disadvantages they cause for competition. At the same time, there is no presumption that these vertical agreements are either covered by Article 101, paragraph 1 of the Treaty or do not meet the conditions of Article 101, paragraph 3 of the Treaty. In addition, vertical agreements appear to be more effective in commercial activity. The most common vertical restrictions are: [1] Regulation (EU) No 330/2010 of the Commission of 20 April 2010 concerning the application of Article 101, paragraph 3, from the Treaty on the Functioning of the European Union to the categories of vertical agreements and concerted practices (Vertical agreements are agreements between companies operating at different levels of the production or distribution chain, for example. B an agreement between a producer and a distributor. Current EU rules require companies to assess for themselves the compliance of their vertical agreements with EU competition law, which prohibits competition-limiting agreements under Article 101, paragraph 1, of the Treaty on the Functioning of the European Union.

The VBER exempts certain types of agreements from the article 101 ban, paragraph 1, where certain conditions are met, giving companies confidence that their agreement is in line with EU competition law. 2. The exemption in paragraph 1 applies to vertical agreements between a business association and its members or between such an association and its suppliers only if all its members are retailers of goods and no member of the association has a total annual turnover of more than 50 million euros with its related companies. The vertical agreements concluded by these associations fall within the scope of this regulation, without prejudice to the application of Article 101 of the treaty to horizontal agreements concluded between the members of the association or by the association.