Vertical Agreement Eu Competition Law


The current VBER expires on May 31, 2022. The VBER and vertical guidelines are part of the EU regulatory framework that governs so-called “vertical” agreements: they are concluded by companies at different levels of the supply chain and allow the parties to ensure a “path to the market” for goods and services. Vertical agreements are the cornerstone of EU marketing and procurement agreements and are one of the most common trade agreements that must comply with EU competition rules. As a result, the VBER and vertical guidelines have played a decisive role in making available to companies an automatic system for clearing vertical agreements, provided they fall below market share thresholds and meet other VBER conditions and guidelines or vertical guidelines. In addition, vertical agreements appear to be more effective in commercial activity. The most common vertical restrictions are: according to the category exemption and the Commission`s current guidelines, the above restrictions would normally be considered “pure”. The inclusion of a “hardcore” restriction automatically eliminates the potential benefits of safe port of the category exemption for the entire agreement. Some vertical agreements probably have restrictions that do not comply with Article 101 of the TFUE. These are agreements that contain provisions: if it is confirmed that the contracting parties are acting at different commercial levels within the meaning of an agreement and that the agreement has an “impact on trade”, the procedure for assessing the vertical agreement under Article 101 of the EUSF is, overall, as follows: Article 101, paragraph 1, of the Treaty on the Functioning of the European Union prohibits agreements between companies that have or are subject to a restriction. , the prevention or distortion of competition within the EU that affects trade between EU Member States.

This prohibition is relevant to all agreements between two or more companies, whether they are competitors. agreement or a concerted practice between two or more companies that, for the purposes of the agreement, operate at another level of the production or distribution chain and refer to the conditions under which the parties may buy, sell or resell certain goods or services. © contracting parties of the European Commission may include contractual restrictions or obligations in vertical agreements to protect an investment or simply to ensure day-to-day activity (for example. B, sales, supply or purchase agreements). Compared to other vertical agreements, there is more flexibility. For example, the following types of agreements are not considered “pure” under the category exemption (they are called “non-hardcore”): vertical agreements are widely accepted because they are less likely to solve competition problems than horizontal agreements. Horizontal agreements are concluded between two current or potential competitors. Whether a vertical agreement actually restricts competition and whether, in this case, cartels predominate often depends on the structure of the market.

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