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ON-TOPIC: EUROPEAN UNION - ANTICOMPETITIVE PRACTICES - VERTICAL RESTRAINTS - REFORM

The VBER and Vertical Guidelines: Revision or Reform? Reflection on critical issues

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While the European Commission is exploring a possible revision of the VBER and of the Vertical Guidelines and assessing the various policy options proposed, this volume aims to reflect on some of the relevant issues and subjects in the VBER, some more controversial than others, but all having been over the years at the centre of the debates on the legal framework applying to vertical restraints. Hopefully this set of articles will constitute a useful contribution to these debates.

Introduction Mário Marques Mendes Partner, Gómez-Acebo & Pombo, Lisboa 1. Article 101(1) of the Treaty on the Functioning of the European Union (the “Treaty” or “TFEU”) prohibits agreements between undertakings which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, unless they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits, in accordance with Article 101(3). This prohibition applies notably to “vertical agreements,” i.e., agreements or concerted practices entered into between two or more undertakings each of which operates, for the purposes of

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Mário Marques Mendes, Pablo Ibáñez Colomo, Luc Gyselen, Avantika Chowdhury, Mario Siragusa, Alice Setari, Iñigo Igartua Arregui, Miguel Troncoso Ferrer, Nathalie Pétrignet, Vincent Lorieul, The VBER and Vertical Guidelines: Revision or Reform? Reflection on critical issues , 9 December 2020, Concurrences N° 1-2021, Art. N° 98100, www.concurrences.com

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