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Vertical Agreements in EU Competition Law, 3rd Edition by Tuytschaever, Filip; Wijckmans, Frank (4th January 2018)

Part II Vertical Agreements Under Regulation 330/2010, 4 Article 2(2)–(5): Limits to the Scope of Application of Regulation 330/2010

Frank Wijckmans, Filip Tuytschaever

From: Vertical Agreements in EU Competition Law (3rd Edition)

Filip Tuytschaever, Frank Wijckmans

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2019

Subject(s):
Block exemptions — Article 101 TFEU, application of — Guidelines on Vertical Restraints — Associations of undertakings — Basic principles of competition law — Intellectual property rights (IPR)

This chapter addresses certain specific limitations to the scope of application of Regulation 330/2010. In order to determine whether any of these limitations applies and therefore excludes the vertical agreement from the scope of application of Regulation 330/2010, the following additional steps must be addressed: (i) fifth step: Article 2(2) limits the scope of application to only certain agreements between associations of undertakings and their members of suppliers; (ii) sixth step: Article 2(3) addresses the (limited) application of Regulation 330/2010 to vertical agreements containing provisions on IPR; (iii) seventh step: Article 2(4) deals with the application to certain agreements between competitors; and (iv) eighth step: Article 2(5) limits the scope of application to vertical agreements which are not within the scope of application of any other block exemption regulation. The chapter takes the reader systematically through each of these steps and offers concrete and practical guidance.

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