Vertical Agreements Problem

Whether a vertical agreement actually restricts competition and whether, in this case, cartels predominate often depends on the structure of the market. In addition, vertical agreements appear to be more effective in commercial activity. The most common vertical restrictions are: VABE is probably the most widely used piece of EU competition law, which excludes certain agreements and practices from general EU competition rules. However, it expires on May 31, 2022. Prior to this date, the European Commission (EC) has begun to assess whether the regulation is “always effective, effective, relevant, in line with other EU legislation and value-added. The EC will consider whether the category exemption should be repealed, whether it should be extended or revised to reflect new market developments, such as the growing importance of online sales and the emergence of new entrants, particularly online platforms, which were much less important in granting the 2010 exemption. Contracting parties may include restrictions or contractual obligations in vertical agreements to protect an investment or simply to ensure day-to-day activity (for example. B, sales, supply or purchase agreements). While it is confirmed that the parties are acting at different commercial levels within the meaning of an agreement and that the agreement has an “impact on trade”, the procedure for assessing the vertical agreement under Article 101 of the TFUE is, on the whole, the following: vertical agreements are widely accepted because they have fewer competition problems than horizontal agreements. Horizontal agreements are concluded between two current or potential competitors. Article 101, paragraph 1 of the TFUE prohibits agreements between companies with the purpose or effect of restricting, preventing or distorting competition within the Union and affecting trade between EU Member States. This prohibition is relevant to all agreements between two or more companies, whether they are competitors. Some vertical agreements probably have restrictions that do not comply with Article 101 of the TFUE.

These are agreements that contain provisions: there is more flexibility than other vertical agreements. For example, the following types of agreements are not considered “pure” under the category exemption (they are called “non-hardcore”): by the end of 2018, the EC has requested feedback on the future roadmap of the Green Category Exemption Regulation.