In addition, the vertical guidelines indicate that a genuine agency agreement concluding agreements between the most important ones may also fall under Article 101, paragraph 1. Collusion could be facilitated if “a number of contractors use the same agents when they collectively exclude others from the use of these agents, or if they use agents to conflict over the marketing strategy or exchange sensitive market information between contractors.” Practical measures: Companies should consider reviewing their existing vertical agreements to determine if they meet the requirements of the new VABE. Otherwise, companies will have to review the agreements individually to determine whether they restrict competition and, if so, whether they meet the individual exemption criteria. The new vertical agreements should be carefully developed to ensure that they benefit, as far as possible, from the VABE. While the INTELLECTUAL property rights provisions have the same purpose as the agreements that are not exempted in the press release, those provisions will also not be useful. For example, in May 2016, the Commission presented to the Council and the European Parliament a proposal to prohibit geographical blocking and certain other practices that distinguish the price or conditions of goods or services provided on the basis of nationality or place of residence or the establishment of a client. Following inter-institutional negotiations that began in 2017, the proposal was adopted in February 2018 and came into force in December 2018. A similar regulation came into force in April 2018, allowing customers residing in one EU Member State to access the online portable content they have subscribed to, such as online cinema or music streaming services, when these customers are travelling or temporarily staying in another EU Member State. a “buyer,” a business that sells goods or services on behalf of another company under an agreement under section 101, paragraph 1, of the contract; The previous version of the vertical class exemption indicated that the buyer`s market share was relevant only to the extent that they were agreements where a supplier had designated only one buyer as a distributor for the whole of the European Union. Such agreements were relatively rare in practice, meaning that the market share of buyers has rarely been determined for the application of the vertical class exemption. However, the market share of buyers must be assessed each time the application of the vertical class exemption is considered. One consequence of the imposition of the additional market share requirement for buyers is that a significant number of agreements that had previously received secure port protection under the former vertical class exemption must now be assessed outside the vertical class exemption and in accordance with the broader provisions of the vertical guidelines. The market in question on which the buyer`s share must be assessed is that of the purchase of the contractual property and their substitutes or equivalents.
If the requirements of the press release are not met, a vertical agreement does not enter the scope of the press release and is reviewed in accordance with Article 4, point 4054. Even if section 5 of Act 4054 is not respected, a vertical agreement cannot benefit from the individual exemption. In order for a vertical agreement to benefit from the exemption under the communiqué, the agreement must be subject to very careful consideration and should not be considered as a group of waivers. 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.