Part II Vertical Agreements Under Regulation 330/2010, 6 Article 4: Hardcore Restrictions
Frank Wijckmans, Filip Tuytschaever
Filip Tuytschaever, Frank Wijckmans
- Resale price maintenance — Hard-core restrictions — Article 101 TFEU, application of — Guidelines on Vertical Restraints — Market share analysis
This chapter addresses the hardcore restrictions which are included in Article 4 of Regulation 330/2010. Once it has been established that a vertical agreement falls within the scope of application of Regulation 330/2010, complies with the limitations included in Article 2(2)–(5), and does not exceed the market share limits, the next step is to check whether it contains any hardcore restrictions. This assessment constitutes the eleventh step of the analysis.The hardcore restrictions consist of RPM and certain territorial and customer restrictions. For the purposes of Regulation 330/2010, the list of hardcore restrictions in Article 4 is exhaustive. The inclusion of a hardcore restriction renders the block exemption inapplicable to the vertical agreement as a whole. In addition, the Vertical Guidelines provide for a rebuttable presumption that a hardcore restriction will fail to meet the conditions of Article 101(3) TFEU on an individual basis (self-assessment).