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October 13, 2021

Vertical Agreements Slaughter And May

Filed under: Uncategorized — Mark Baker @ 4:11 pm

Among the most serious infringements of competition law are agreements on the establishment, approximation or coordination concluded with competitors: restrictions of competition contained in a vertical agreement may be exempted if they fall within the criteria of the vertical block exemption (which provides for a flat-rate exemption for agreements meeting certain criteria) or where those referred to in Article 101 3. the defined exemption criteria (or, where applicable, the equivalent of the United Kingdom). Overall, the exemption under the VABE depends on the fact that the parties` market shares do not exceed 30%, with none of the parties being considered to be “competitors” of the other parties and that there are no clauses on the “black list”, such as.B. The maintenance of resale prices, the sharing of the market or certain forms of export ban. If a vertical agreement does not qualify for an exemption under the VABE (e.g. B because the relevant market share thresholds are exceeded), a thorough analysis must be carried out to determine whether the individual exemption criteria are met. 13 Appendix 1: Market definition issues (relevant considerations relating to vertical agreements) NB For market definition issues relevant to the MVBER, see also Annex 9, Part C. A. Definition of the relevant market for competition law purposes – in general, market definition is a well-known concept in European competition law, which aims to cope with the competitive pressure exerted by the company, to investigate systematically.

The 1997 Commission Communication on market definition , based on the vertical guidelines (point 1. 88) and in the Horizontal Guidelines (paragraph 27), describes the factors to be taken into account in the definition of markets for competition purposes. These aim to: (a) identify the relevant product market: all goods/services considered interchangeable or substitutable by the consumer by reason of their characteristics, prices and uses; and (b) the relevant geographic market: the area in which the parties participate in the supply of relevant goods/services, where the conditions of competition are sufficiently homogeneous and which may differ from neighbouring geographical areas, in particular because of significant differences in the conditions of competition in those areas. B. Relevant considerations for determining whether the 30% market share threshold is met for VABER purposes (art.

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