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Part II Vertical Agreements Under Regulation 330/2010, 7 Article 5: Excluded Restrictions

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: 07 August 2020

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.

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