Is the only objective of the Vertical Restrictions Act economic or is it intended to promote or protect other interests? Under what circumstances do the vertical restriction rules apply to agreements between a parent company and a related company (or between affiliates of the same parent company)? In Article 1.1, point a), of the vertical category exemption, a vertical agreement is defined as follows: the European Commission has also published guidelines on vertical restrictions. It describes the approach of vertical agreements that are not covered by the regulation. Is there a particular point about assessing vertical restrictions in your area of jurisdiction that is not addressed above? It should also be noted that, when agency agreements are concluded, EU staff can benefit from significant protection at Member State level through the EU Trade Agents Directive and enforcement measures that are completed under this Regulation. Briefly explain how agreements to establish « selective » distribution systems are evaluated. Should the selection criteria be published? The likelihood that such efficiency-enhancing effects will predominate 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 exposure of these firms to competition from other suppliers of goods or services considered by their customers to be interchangeable or substitutable because of the characteristics of the products. their prices and their destination. As a general rule, the Commission will take into account the cumulative effects of a particular supplier`s agreements on a market in question when assessing the effects of a vertical restriction of competition. In addition, the assessment of a certain vertical restriction may vary depending on the vertical restrictions that are closed by the supplier`s competitors. Where the vertical restrictions imposed by the supplier and its competitors have the cumulative effect of excluding other parts of the market in question, any vertical restrictions that contribute significantly to this exclusion may be contrary to section 101. This type of analysis has been frequently used for the brewing industry. Article 6 of the vertical class exemption allows the Commission to disable the vertical category exemption through a regulation on parallel networks with similar vertical restrictions when they cover more than 50% of a market in question. This means that all companies whose agreements are defined in the Commission`s regulation would be excluded from the scope of the vertical category exemption.
However, it is a power which, to the knowledge of their authors, the Commission last used in 1993. The vertical class exemption requires that the agreement in question be vertical (i.e., the parties operate at different market levels « for the purposes of the agreement »). Parties to an agreement that compete in other product markets and not in the contract market may benefit from the vertical class exemption, provided they are not both « real and potential competitors » in the market that includes contract products. For the application of Article 101, paragraph 3 of the EC Treaty, it is not necessary to define the vertical agreements that may fall under Article 101, paragraph 1 of the EC Treaty. When assessing the agreements under Article 101, paragraph 1, of the Treaty, several factors should be taken into account, in particular the market structure on the supply and procurement side. This is an area that has been very strongly highlighted by the Commission. Restrictions preventing a buyer from selling contract products from one EU Member State to another may be one of the most serious breaches of Article 101. Such agreements are being scrutinyed by the Commission because they tend to re-establish divisions between national markets that the EU intends to abolish.
However, in its final report in May 2017 as part of the sectoral survey on e-commerce, the Commission found that more than 11% of retailers