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Vertical Block Exemption Regulation review

The VBER (Commission Regulation (EU) No 330/2010) exempts vertical agreements that meet certain conditions from the prohibition in Article 101 (1) TFEU, thus creating a safe harbour for those agreements. Together with the VBER, the Commission also adopted the Guidelines on Vertical Restraints The CMA is reviewing the retained Vertical Agreements Block Exemption Regulation (retained VABER) for the purpose of making a recommendation to the Secretary of State in accordance with the..

The Verticals Block Exemption Regulation and the accompanying Vertical Guidelines together form an important toolkit for companies when self-assessing the compatibility of their vertical arrangements with EU competition law. The rules are due to expire in May 2022 and so a consultation by the European Commission on what to do next was expected The European Commission's review of the Vertical Block Exemption Regulation Bird & Bird LLP European Union May 27 2019 The growth of e-commerce over the last decade has had a significant impact on.. On September 8, 2020, the European Commission (Commission) published its findings of the evaluation of the Vertical Block Exemption (VBER) and the Vertical Guidelines. The review procedure is split into two phases: (i) an evaluation phase (approx. 18 months) and (ii) an impact assessment phase (approx. 24 months) The European Commission has taken a significant step toward the revision of the Vertical Block Exemption Regulation (VBER) and the Vertical Guidelines. With its evaluation phase ending, the Commission has recently presented detailed findings, outlining what works and what may need to be updated after more than a decade

The European Commission (EC) has recently confirmed that it will be revising the current EU Vertical Agreements Block Exemption Regulation (VABER) and Vertical Guidelines to ensure they are fit for purpose in today's digital world and the future

Press corner European Commissio

Review of the two Horizontal Block Exemption Regulations (consultation) Antitrust: 12.02.2020: Contributions: Consultation on the proposed prolongation of the Consortia Block Exemption Regulation Antitrust: 03.01.2020 State subsidy rules for health and social services of general economic interest (evaluation) State aid: 04.12.201 In October 2020, the EC published an Inception Impact Assessment of policy options for its review of the EU Vertical Block Exemption Regulation (VBER) and accompanying Vertical Guidelines for. (5) The benefit of the block exemption established by this Regulation should be limited to vertical agreements for which it can be assumed with sufficient certainty that they satisfy the conditions of Article 101(3) of the Treaty. 23.4.2010 Official Journal of the European Union L 102/1EN (1) OJ 36, 6.3.1965, p. 533

Retained Vertical Agreements Block Exemption Regulation

European Commission launches impact assessment concerning ongoing revision of the Vertical Block Exemption Regulation issues that have been raised by numerous stakeholders during the VBER review. On 8 September 2020, the European Commission (the Commission ) published a report on the evaluation phase of its review of the Vertical Block Exemption Regulation (the VBER )

Time for an upgrade? Review of EU competition rules on

  1. (EU), the EU Vertical Block Exemption Regulation (EU VBER) 4 applied in the UK and provided an automatic exemption for vertical agreements meeting its conditions. When the Transition Period came to an end on 31 December 2020, such that EU laws ceased to apply in the UK, the EU VBER was retained in UK law (as the retained VABER)
  2. EU Distribution Rules Under Review. Latham & Watkins LLP on 7/13/2021. The European Commission (EC) has published a draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines.
  3. Vertical Block Exemption Regulation (VBER) is due to expire on 31 May 2022. Therefore, the European Commission reviewed the functioning of VBER in its 2020 report observing the evolved consumer habits and business models. Alinea outline possible changes to VBER according to the findings of the Commission's report
  4. imum and fixed resale-prices, as well as certain types of territorial protection, should be excluded from the benefit of the block exemption established by this Regulation irrespective of the market share of the undertakings concerned
  5. The UK Competition and Markets Authority (CMA) is reviewing the version of the EU Vertical Block Exemption Regulation (VBER) retained in UK law following the end of the Brexit implementation period.This review, which had been expected, was confirmed by the CMA and the Department for Business, Energy and Industrial Strategy (BEIS) on 10 February 2021

The Vertical Block Exemption Regulation contains certain requirements that have to be satisfied before, for the vertical agreement is able to benefit from the Regulation. The market share of the supplier must not exceed 30% (Article 3). Also the agreement must not contain any of the hard-core restrictions (Article 4) The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines. The draft revised VBER and Vertical Guidelines follow a thorough review process launched in October 2018

To provide greater legal certainty, the Commission for many years has adopted so-called block exemptions from the application of EU antitrust laws for certain vertical agreements, including exclusive distribution (and customer allocation), selective distribution, franchising (and category management), exclusive supply, agency and sub-contracting agreements The EU vertical block exemption regulation renewal process is nearing its final stages, with important implications for how companies organise their distribution arrangements in the EU. And since the VBER and Guidelines were retained as part of UK law post Brexit, the UK Competition and Markets Authority has also recently launched its own parallel review to determine their future in the UK

The European Commission's Findings of the Evaluation of

The European Commission review of the Vertical Block Exemption Regulation. In particular, the review is looking at the increased importance of online sales and the emergence of new market players such as online platforms. The Commission intends to launch a public consultation towards the end of 2020. In 2021, the Commission will publish a. Review of the Vertical Block Exemption Regulation & recent enforcement practice. Geo-Blocking Regulation. Some qualitative evidence indicating that the benefits of the VBER and Guidelines outweigh the costs incurred but. no reliable quantitative evidence. Clear indications that cost incurred would increase if the VBE

European Commission publishes findings of its evaluation of EU competition rules on vertical agreements On September 8, the European Commission (EC) published a Staff Working Document summarising the findings of its evaluation of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines (Guidelines) BRUSSELS, Belgium: The Vertical Block Exemption Regulation (VBER) exempts certain agreements from the EU's general competition rules and allows suppliers to restrict a distributor's active sales to a specific territory or customer group. Because the regulation expires on 31 May 2022, the European Commission launched a public consultation aimed at stakeholders and citizens earlier this year. The Consultation closely follows the review process of the Vertical Block Exemption Regulation (VBER) that ended last year. While certain topics (such as the intensity of competition) have shown to be controversial, there is a certain consensus that the rules (i) have, at least partially, met their objectives; (ii) are efficient; and (iii. The EC has also launched a public consultation concerning the functioning of the EU Vertical Block Exemption Regulation (VBER) that applies to the automotive sector. Additionally, the EC is currently reviewing its horizontal cooperation rules that will also provide useful guidance to automotive players regarding cooperation with competitors The current regulatory regime provides such arrangements with a safe harbour from EU competition law, as long as they comply with the terms of the vertical block exemption regulation (VBER) and its accompanying guidelines (Vertical Guidelines); this is of immense practical importance to businesses

On 8 September 2020 the European Commission concluded the first part of its review of Regulation 330/2010, otherwise known as the Vertical Block Exemption Regulation (VBER), by publishing a staff working document (SWD) summarising findings from its evaluation of the VBER and the accompanying Guidelines on Vertical Restraints (Guidelines).The SWD is the Commission's final working document. CMA Review of the retained Vertical Block Exemption Regulation. The Competition & Markets Authority (CMA) is reviewing the retained Vertical Block Exemption Regulation (VBER) to inform its recommendation to the Secretary of State for Business, Energy and Industrial Strategy (BEIS) on replacing the retained VBER when it expires in May 2022 are central to any revision of the Vertical Restraints Block Exemption and Vertical Guidelines. Summary ; The Vertical Block Exemption Regulation (VBER) 1. Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Problems to be tackled in the review of the VBER and Vertical. In particular, vertical agreements containing certain types of severe restrictions of competition such as minimum and fixed resale-prices, as well as certain types of territorial protection, should be excluded from the benefit of the block exemption established by this Regulation irrespective of the market share of the undertakings concerned

Key Takeaways Revision of the EU Vertical Block

Vertical agreements Block Exemption Guidelines. Guidelines setting out the principles for the assessment of vertical agreements under Article 101 of the Treaty on the Functioning of the European Union OJ C 130, 19.5.2010, p. 1-46 Review of the Vertical Block Exemption Regulation (VBER) The VBER expires on 31st May 2022 The European Commission (the Commission) Vertical Agreements Block. REVIEW OF THE VERTICAL BLOCK EXEMPTION REGULATION COMMENTS OF THE IN-HOUSE COMPETITION LAWYERS' ASSOCIATION ('ICLA') Introduction 1. The In-House Competition Lawyers' Association (ICLA) (www.competitionlawyer.co.uk) is an informal association of in-house competition lawyers across Europe and in South East Asia Background. On 8 September 2020, the European Commission (Commission) published a Staff Working Document that summarises the findings of its evaluation of the Vertical Block Exemption Regulation (VBER) 1, together with the Guidelines on Vertical Restraints (Vertical Guidelines) 2.The evaluation represents the first phase in the Commission's ongoing review of the VBER ahead of its expiry on.

Dentons - Revision of competition rules governing vertical

In 2010 the Commission reviewed and replaced the generic block exemption applying to vertical agreements, Regulation 2790/1999, and its accompanying Guidelines, with a new Vertical Block Exemption Regulation (VBER), Regulation 330/2010, and Guidelines on Vertical Restraints. The fast growth of e-commerce since 2010 has, however, led to changes in the ways that suppliers distribute their. The Vertical Block Exemption Regulation (VBER) Commercial Agency Rules. 4. The current Guidelines to the VBER replace the Notice of 1962 and seem to apply the same decisive criterium, i.e., the degree of risk imposed on the agent, in assessing whether Article 101(1) TFEU is applicable. However, the Guidelines introduced in lieu of the.

Public Consultations - Competition Polic

On 9 July, the European Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the corresponding Vertical Guidelines. Main topics in the review of the VBER. On 10 February 2021, the CMA announced that it will conduct a review of the retained EU Vertical Agreements Block Exemption Regulation, and that it aims to consult on any recommendations it will make to the Secretary of State for renewing, amending or replacing the retained block exemption in summer 2021. The Vertical Agreements Block Exemption Regulation expires in May 2022 Revision of the Vertical Block Exemption Regulation (VBER): the Commission publishes its Inception Impact Assessment The Commission is continuing its work with the aim of revising the Vertical Restraints Regulation. The final review published on 25 May 2020 states that the current framework remains relevant but needs to be modernized and. 28 May 2021 Vertical Block Exemption post Brexit - Are we taking back control? The UK Competition and Markets Authority (CMA) has announced it will be conducting a review of the Vertical Block Exemption Regulation (VBER) to make a recommendation to the government in summer 2021 whether to renew, replace or amend the regulation previous vertical block exemption regulation and guidelines on vertical restraints which had been applicable since 1999. Like the previous block exemption rules, the New Block Exemption Regulation exempts certain types of vertical agreements from being considered anti-competitive agreements that violate EU competition/antitrust law

News

Menu Replacing the Vertical Agreements Block Exemption: approaching a year to go Print publication. 10/05/2021. On 31 May 2021, the Vertical Agreements Block Exemption Regulation (VBER), which exempts certain agreements from the EU and UK prohibitions on anti-competitive agreements, enters its final year of service before its scheduled expiry at the end of May 2022 Marc Israel, Tilman Kuhn, Mark D. Powell, Yann Utzschneider, Mathis Rust, Peter Citron, The EU Commission publishes for public consultation drafts of revised Vertical Block Exemption Regulation and draft revised Guidelines on vertical restraints, 9 July 2021, e-Competitions July 2021 - II, Art. N° 10151 The European Commission is reviewing the effectiveness and relevance of EU competition rules on supply agreements, namely the Vertical Block Exemption Regulation (VBER) (and accompanying Vertical Guidelines).The European Commission has now published a Report that finds that the current rules are important for legal and business certainty, but are out of touch with market realities, including. Types of vertical restraint 2 List and describe the types of vertical restraints that are subject to antitrust law. Is the concept of vertical restraint defined in the antitrust law? In article 1.1(a) of the Vertical Block Exemption, a vertical agree-ment is defined as: an agreement or concerted practice entered into between two o

Patent Research Exemption and EU Tech Transfer Block

Brussels, 9 July 2021. The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines. The draft revised VBER and Vertical Guidelines follow a thorough review process launched in October 2018 The European Commission (Commission) is now evaluating whether Regulation 330/2010 (better known as the Vertical Block Exemption Regulation or VBER) and its accompanying guidelines (Vertical Guidelines) are still fit for purpose, particularly in today's digital age.Art. 101(1) of the Treaty on the Functioning of the European Union (Treaty) prohibits agreements between undertakings that. $17,75867 &/,(17 %5,(),1* *xlgdqfh rq h frpphufh dqg rqolqh sodwirupv 7kh gudiw uhylvhg 9%(5 dqg *xlgholqhv lqfoxgh jxlglqj sulqflsohv iru wkh dvvhvvphqw ri rqolq The European Commission (Commission) has launched the impact assessment phase concerning its ongoing revision of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines, which set out the rules for distribution systems throughout Europe The European Commission has launched a consultation. on its draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines.. Vertical agreements are agreements entered into between two or more undertakings operating at different levels of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain goods or.

EU Distribution Rules Under Review Latham & Watkins LLP

Commission Regulation (EU) No 330/2010 of 20 April 2010 on

Central to this will be the review of the Vertical Block Exemption Regulation (VBER) along with its accompanying Guidelines on Vertical Restraints (VGL). The VBER exempts agreements between undertakings operating at different levels of the commercial chain from Article 101 TFEU's prohibition on anti-competitive agreements (and/or Member State. The Vertical Block Exemption Regulation (VBER) 1 and Vertical Guidelines 2 need to be updated to reflect current market structures and practices to ensure consumers can benefit from choice, increased product quality and competitive prices. The revision of the VBER and the Vertical Guidelines should, in particular, address th

The Motor Vehicle Block Exemption states that the Commission's general regime (i.e. the Vertical Block Exemption Regulation) applies to agreements for the distribution of new vehicles. The Vertical Block Exemption Regulation exempts vertical agreements that meet certain conditions from the prohibition in Article 101(1) of the Treaty, thus. On 9 July 2021, the European Commission published its long-awaited drafts of the updated Vertical Block Exemption Regulation (VBER) and the accompanying Guidelines. The drafts are the result of an in-depth evaluation process that started in October 2018. The evaluation showed that many consider. The Block Exemption Regulation is an exemption in a business line or industry, which debars organizations in the industry from some business activities in order to create competition. The regulation is highly known in the automobile industry due to the effect caused by the Block Exemption Regulation (BER) from the European Commission. BER has changed the automobile industry in the last decade Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union's Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets

European Commission Vertical - National Law Revie

European Commission confirms Vertical Block Exemption

Businesses distributing goods and services in the EU rely heavily on the Vertical Block Exemption Regulation (VBER) for legal certainty. It sets out the conditions under which distribution agreements are presumed to comply with the European competition rules. However, certain of its provisions are In October 2018, the Commission began its evaluation of the Vertical Block Exemption Regulation and accompanying Vertical Guidelines, which expire in May 2022. The results of the evaluation were. Vertical Block Exemption Regulation Safe Harbor - 30% market share cap - No hardcore restriction (RPM, absolute territorial protection, restriction to online sales, etc.) - Some restrictions are not covered by the block exemption (e.g. non compete > 5 years) - Self-assessment principle - Individual exemption remains possible over 30% (an On 24 May 2000, the European Commission adopted, in final form, its Guidelines on Vertical Restraints (the Guidelines). The new Block Exemption Regulation on Vertical Agreements (Regulation 2790/1999, hereafter the Block Exemption Regulation or the New Regulation) was adopted in December 1999 and enters into force on 1 June 2000

TFEU, Vertical Block Exemption Regulation (VBER), Safe

Last week the European Commission (EC) released its high-level thinking on possible revisions to the Vertical Block Exemption Regulation (VBER). The much awaited inception impact assessment paper indicates the areas of focus for the revamp, as identified during the extensive evaluation phase of the VBER review process Businesses distributing goods and services in the EU rely on the Vertical Block Exemption Regulation (VBER) for legal certainty, as it sets out the conditions under which distribution agreements are presumed to comply with the competition rules. The VBER will expire on 31 May 2022 and is currently under review The European Commission recently consulted on its Verticals Block Exemption Regulation. European stakeholders, particularly those active in e-commerce, had a lot to say in response. In this blog post we take stock of the most impactful views put forward vertical block exemption to apply to the motor vehicle trade, to the renewal of the current motor vehicle block exemption with two intermediate solutions: adopting 5 On July 28, 2009 the Commission published for consultation a revised draft vertical block exemption and accompanying Guidelines. Overall, the Commission considers that the rule With the Vertical Block Exemption Regulation (VBER) together with the accompanying Vertical Guidelines (the Guidelines) set to expire on 31 May 2022, the European Commission has already commenced its review of what should happen post-2022.A crucial question companies and practitioners alike will be eager to find out is how the European Commission intends to address the perceived.

The existing EU regime comprises the vertical block exemption regulation (VBER) and its accompanying guidelines (Vertical Guidelines). The VBER is a so-called 'block exemption', providing a safe harbour under EU competition law for certain categories of agreements between businesses active at different levels of the supply chain. The European Commission has made drafts of the Vertical Block Exemption Regulation and Vertical Guidelines available for public consultation, so that it may gather feedback on the changes it is proposing to address identified issues with the current rules The EU Commission's Staff Working Document indicates where the review of the Vertical Block Exemption Regulation and Vertical Guidelines is heading. MARCK #VBER #Competition #OnTheMarck 0 comment The Competition and Markets Authority has announced it is reviewing the vertical agreements block exemption, which expires in May 2022. The other block exemptions will be reviewed in due course. an Union L 102, April 23, 2010 (Vertical Block Exemption Regulation or VBER). 3 European Commission, Guidelines on Vertical Restraints, Official Journal of the Europe - an Union C 130, 19 May 2010 (Vertical Guidelines). 4 European Commission, Review of the Vertical Block Exemption Regulation.; Europe

The EU review the functioning of Vertical Block Exemption

It describes the main conditions for each block exemption regulation to apply. Maintained. News Analysis. The Commission's review of the rules on vertical agreements. Competition analysis: on 8 September 2020, the Commission published a staff working document on the evaluation phase of its review of the Vertical Restraints Block Exemption revision of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines, which set out the rules for distribution systems throughout Europe. This means that we finally have the first formal insight into the Commission's thinking on the various issues that have been raised by numerous stakeholders during th The Commission has issued a Block Exemption Regulation on the application of article 81(3) to categories of vertical agreements and concerted practices in the motor vehicle sector. The regulation creates a 'safe harbour' for certain motor vehi-cle distribution and repair agreements, exempting them from the prohibition laid down in article. CMA announces review of retained Vertical Block Exemption Regulation. Although the UK has left the EU, many important elements of EU competition legislation have been retained in UK law The revision of the Vertical Block Exemption Regulation and the accompanying guidelines is one of the many long-term reform projects on the agenda of the Directorate-General for Competition (DG COMP) of the European Commission.Indeed, Regulation No (EU) 330/2010, the VBER, will expire on 31 May 2022. In August 2019 we already reported on the Commission's summary of the results of its public.

09:10 - Review of the Vertical Block Exemption Regulation including the Working Paper on the Dual Role of Commercial Agents 09:40 - Retailers' and Manufacturers' Perspec-tives on the Vertical Block Exemption Regula-tion 10:00 10:40 - Update on Recent Vertical Cases: Video Games Decisions 10:20 - Virtual Networking Break in the Net-working. In article 2(1) of the Vertical Block Exemption, vertical agree-ments are defined as: 'agreements or concerted practices entered into between two or more undertakings each of which operates, for the purposes of the agreement, at a different level of the production or distribution chain, and relating to the condition Key Words: Vertical agreements, communique no 2002/2, block exemption, Competition Law, law no 4054. INTRO. As it is known, regulations relating to vertical agreements are set in, law no 4054 and Block exemption communiqué on vertical agreements no 2002/2 (Communiqué) The European Commission has published support studies for the evaluation of the Vertical Block Exemption Regulation. The key findings include that although the VBER and Vertical Guidelines remain relevant they do not sufficiently cover recent developments such as online platforms

The current Vertical Agreements Block Exemption, which governs a wide range of supply agreements, remains in force until 31 May 2022, while the Technology Transfer Block Exemption, which governs. On 31 May 2021, the Vertical Agreements Block Exemption Regulation (VBER), which exempts certain agreements from the EU and UK prohibitions on anti-competitive agreements, enters its final year of service before its scheduled expiry at the end of May 2022.Both the UK's Competition and Markets Authority (CMA) and the European Commission (EC) have begun consultations on whether to replace the. The European Commission published on 9 July drafts of the Vertical Block Exemption Regulation and Vertical Guidelines. The said drafts are submitted for public consultation to adapt the existing texts to market developments, including the growth of e-commerce and online platforms. The deadline for contributions is 17 September 2021. In particular, the draft includes developments [ es of Vertical Restraints Agreements below market power are not harmful for competition. That is why a market share threshold of 30% for vertical agreements was intro-duced by the Block Exemption Regulation (BER). Vertical agreements above the market share cap of 30% require an individual examination under Article 101 TFEU

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