Vabe Vertical Agreements Block Exemption

It can be assumed that vertical agreements that do not contain certain types of serious restrictions on competition generally result in improved production or distribution and allow consumers to take a fair share of the benefits that result from them if the market share of each of the parties to the agreement does not exceed 30%. For the purposes of paragraph 1, when a company purchases a company`s contract goods or services and sells the contract goods or services to another contractor under a multi-party agreement, it sells the contract goods or services to another contractor. the market share of the first company must meet the market share threshold set out in this paragraph, both as a buyer and as a supplier, in order to ensure the application of the Article 2 exemption. Certain types of vertical agreements can improve economic efficiency within a production or distribution chain by facilitating better coordination between the parties. In particular, they can lead to a reduction in the costs of transaction and distribution of the parties and to the optimization of their level of turnover and investment. Vertical agreements that meet the criteria for exemption by category of vertical agreements (VABE) are exempt from the prohibition of anti-competitive agreements under Article 101 of the Treaty on the Functioning of the European Union (ban). However, the rules for dominant firms continue to apply. 3. By derogation from paragraph 1, point b), the section 2 exemption applies to any obligation, direct or indirect, which, at the end of the contract, induces the purchaser not to manufacture, buy, sell or resell goods or services when the following conditions are met: the date on which the new provisions will come into effect on June 1, 2010 , after the expiry of the current legislation. Agreements that are in effect on 31 May 2010 and do not meet the terms of the revised vabe (z.B. due to the buyer`s high market share), but which correspond to those of the current version, are subject to a one-year transitional period. 1. In calculating the overall annual turnover covered by Article 2, paragraph 2, the turnover achieved by the stakeholder in the vertical agreement in the previous year and the turnover achieved by its related companies for all goods and services, excluding taxes and other taxes, are added together.

To this end, the relationship between the party to the vertical agreement and its related companies, or between its related companies, is not taken into account. Article 101, paragraph 1, prohibits agreements that restrict competition unless they contribute to improving the production or distribution of goods or services or promoting technical or economic progress, while consumers enjoy, in accordance with Article 101, paragraph 3, a fair share of the benefits that flow from them. Even if the agreements are able to achieve these positive results, they can only impose the restrictions necessary to achieve these benefits.