Block Exemption Regulation Vertical Agreements

3. By derogation from paragraph 1, point b), the section 2 exemption applies to any direct or indirect obligation that, following the termination of the contract, induces the purchaser not to manufacture, buy, sell or resell goods or services when the following conditions are met: big data issues and access to data as essential inputs into vertical relationships. This is reflected in the recent evaluation of stakeholder input in the Commission`s review of the VBER. In the past, Hungarian competition (…) CCPC extends vertical data reporting – The Competition and Consumer Protection Commission (CCPC) today extended the validity of its statement on vertical agreements and concerted practices (the “declaration”) until December 1, 2022. The statement came on 1 December (…) If an agreement contains one or more of the above restrictions, it is very unlikely that it will receive an individual exemption. While the vast majority of new aid schemes (nearly 95% according to 2019 figures) under a category exemption regulation, the question of the correct application and interpretation of the provisions of these regulations becomes even more acute. Complaints are therefore filed with the (…) 4. The exemption in paragraph 1 does not apply to vertical agreements between competing companies. However, it applies when competing companies enter into a non-reciprocal vertical agreement and 1. In accordance with Article 101, paragraph 3, of the Treaty and subject to the provisions of this Regulation, it is stated that Article 101, paragraph 1, of the Treaty does not apply to vertical agreements. If the agreement contains an “excluded restriction” (see below), the VABE exemption does not apply to this specific limitation. However, the rest of the agreement may continue to benefit from the VABE, provided that the above conditions are met and that the restriction in question can be removed from the rest of the agreement. If the restriction is not deductible, the agreement will not fully benefit from the automatic exemption from vaBE.

The competition authority of a Member State may reap the benefits of this regulation for the territory of that Member State, in accordance with Article 29, paragraph 2, regulation (EC) No 1/2003; or part of it, if, in a particular case, an agreement with which the application of the exemption under this Regulation nevertheless has effects inconsistent with Article 101, paragraph 3, of the Treaty on the territory of that Member State or part of it, and if that territory has all the characteristics of a separate geographical market. The likelihood that such efficiency-enhancing effects will predominate of anti-competitive effects due to restrictions in vertical agreements depends on the degree of market power of the parties to the agreement and, therefore, on the extent to which these firms are exposed to competition from other suppliers of goods or services considered by their customers to be interchangeable or substitutable.

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