Slaughter And May Eu Competition Rules On Vertical Agreements

The European Commission is currently studying the future of the VBER, which expires in May 2022. As part of this review, it commissioned studies to determine whether the current rules are effective, relevant and in line with other provisions of EU law. These studies – as summarized in the report – show that the VBER and its accompanying guidelines expire on May 31, 2022. The EC conducted a two-year evaluation to determine whether the VBER and guidelines should be completed, renewed or revised by gathering evidence from a variety of sources, including public consultation, targeted consultation with national competition authorities, a stakeholder workshop and an external evaluation study. The EC also gathered evidence from the results of its investigation into the imkund economy sector, launched in May 2015 and closed in May 2017. In addition, in recent years, the EC has gained knowledge through its own experience in implementing vertical restrictions. 14 …/… (g) new products: for new products (or existing products sold for the first time in a new geographic market), it can be difficult to weaken markets and market shares. Given that competition law is conducive to innovation and market entry, this should not be a problem. The vertical guidelines (paragraph 119, paragraph 10) provide that, in these circumstances, vertical restrictions will not be covered by Section 81, paragraph 1, for two years after the product is put on the market, regardless of market share. This applies to all non-extreme restrictions and, in the case of a new geographic market, restrictions on active and passive sales (to intermediaries in the new market) by the supplier`s direct resellers in other markets.

In the event of a real review of a new product on a select group of customers, distributors designated for this test market may be limited in their active sales outside the test market for up to one year. C. Relevant Considerations for The Calculation of Market Shares for Individual Assessment Vertical Guidelines (point 96) contain additional considerations that may be relevant to the assessment of vertical agreements that are not exempt from the VABER.