Overview

On 1 June 2010, the new Vertical Agreements Block Exemption Regulation 330/2010 (the “New Regulation”) will enter into force, replacing the current block exemption, Regulation 2790/1999 (the “Old Regulation”) which has been in force since 1 June 2000.

The European Commission (the “Commission”) has also released new guidance notes1 to assist with interpretation and application of the New Regulation (the “New Guidelines”).
The New Regulation and Guidelines reflect developments that have occurred since 2000, in particular the increased market power of certain large retailers and the rapid growth of the internet as a sales platform.

However, as observed by the EU Commissioner for Competition policy Joaquin Almunia: “…evidence supports the view that the current block exemption has worked well. The renewal of the block exemption will, therefore consist of an updating and clarification, not a rewriting”.2 Accordingly, the New Regulation and Guidelines make only limited changes to the existing legal framework.

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