Part II Vertical Agreements Under Regulation 330/2010, 7 Article 5: Excluded Restrictions
Frank Wijckmans, Filip Tuytschaever
Filip Tuytschaever, Frank Wijckmans
- De minimis — Ancillary restrictions — Non-compete restrictions — Article 101 TFEU, application of — Guidelines on Vertical Restraints
This chapter addresses the co-called excluded restrictions which are listed in Article 5 of Regulation 330/2010. The twelfth step of the road map of Chapter 2 is to check whether a given vertical agreement contains restrictions which are excluded from the scope of application of Regulation 330/2010. The excluded restrictions cover three categories of non-compete obligations, respectively applying: (i) during the term of the vertical agreement; (ii) after its termination; and (iii) in a system of selective distribution.The inclusion of an excluded restriction does not render the block exemption inapplicable to the vertical agreement as a whole. The block exemption will only not apply to the excluded restriction itself. The other restrictions of competition continue to benefit from the block exemption, to the extent that they are covered by it.