CASE COMMENT : DISTRIBUTION - VERTICAL RESTRICTIONS - EXEMPTION REGULATION

Vertical restrictions : The European Commission adopts a new exemption regulation on “vertical agreements and concerted practices”

Regulation no. 330-2010 on April 20, 2010, OJEU of April 23, 2010 The new exemption regulation no. 330-2010 on “vertical agreements and concerted practices” was adopted by the European Commission on April 20, 2010 (OJEU of April 23), together with the related Guidelines. These new antitrust rules governing distribution agreements will be applicable until May 31, 2022. They apply to new agreements as from June 1, 2010. They will apply to preexisting agreements after a one-year transitional period, i.e. as from June 1, 2011. While this new set of rules does not fundamentally alter the basic approach toward agreements that restrain competition, as laid down in regulation no. 2790-1999, it does introduce certain changes that may affect existing agreements, as one can infer from the

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Dominique Ferré, Vertical restrictions : The European Commission adopts a new exemption regulation on “vertical agreements and concerted practices”, 20 April 2010, Concurrences Review N° 2-2010, Art. N° 31841, www.concurrences.com

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