Part III Vertical Agreements Outside Regulation 330/2010, 10 Economics and Self-Assessment of Vertical Agreements
Frank Wijckmans, Filip Tuytschaever
Filip Tuytschaever, Frank Wijckmans
- Article 101 TFEU, application of — Guidelines on Vertical Restraints — Market share analysis — Exemptions
This chapter addresses vertical agreements outside the scope of Regulation 330/2010 on account of the market shares of the parties. Regulation 330/2010 applies only to vertical agreements between parties that each do not exceed a market share limit of 30 per cent. Such parties must conduct a self-assessment to determine whether their agreements fall within the scope of Article 101(1) TFEU and, if they do, whether they meet the conditions for exemption stated in Article 101(3) TFEU. The Vertical Guidelines commands a case-specific approach. This chapter repeats the overarching principles that apply to every self-assessment; describes the framework of analysis suggested by the Vertical Guidelines; summarizes the positive and negative effects of vertical restraints and presents the economic thinking that is underpinning the competition law treatment of vertical restraints; and finally summarizes the pointers contained in the Vertical Guidelines with respect to certain distribution formulas and certain vertical restrictions.