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
Filip Tuytschaever, Frank Wijckmans
- 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.