Part II Vertical Agreements Under Regulation 330/2010, 3 Article 2(1): Scope of Application of regulation 330/2010
Frank Wijckmans, Filip Tuytschaever
Filip Tuytschaever, Frank Wijckmans
- De minimis — Ancillary restrictions — Article 101 TFEU, application of — Guidelines on Vertical Restraints
This chapter covers Article 2(1) of Regulation 330/2010 reflecting the broad material scope of application of Regulation 330/2010. In order to determine whether a given practice meets the requirements of Article 2(1) of Regulation 330/2010, the following steps must be included in the assessment: (i) first step: two or more undertakings must be involved; (ii) second step: the practice must qualify as a vertical agreement; (iii) third step: the vertical agreement must affect trade between Member States; and (iv) fourth step: the vertical agreement must contain vertical restraints. The chapter takes the reader systematically through each of these steps and offers concrete and practical guidance.