There are cases where certain types of agreements do not automatically fall within the scope of Article 101 of the TFUE, for example. B the UK Competition Authority, the Competition Authority, the Competition Authority, the Competition Authority, have the power to withdraw the category exemption for vertical agreements for certain agreements. Although it is unlikely to exercise this right. The European Commission also has the power to remove the category exemption for vertical agreements in certain situations. The main legal basis is Article 101 of the Treaty on the Functioning of the European Union (TFUE). Article 101, paragraph 1, prohibits agreements between companies that are likely to affect trade between EU Member States and which have the purpose or effect of preventing, restricting or distorting competition within the EU. Article 101, paragraph 2, of the TFUE renders these agreements invalid unless they meet the exemption requirements of Article 101, paragraph 3 (i.e., the economic benefit of an agreement outweighs its anti-competitive effects). Finally, if some of the lower restrictions are included in the vertical agreement (i.e. non-competition obligations of more than five years, obligations based on the duration of competition and restrictions that require members of a selective distribution system not to present products from an identified competitor of the supplier), these restrictions may themselves be unenforceable. However, unlike force-based restrictions, these lower restrictions may be separated from the agreement, so that the inclusion of these lesser restrictions will not prevent the rest of the agreement from benefiting from the security of the vertical class exemption.

List and description of the types of vertical restrictions subject to antitrust legislation. Is the concept of vertical restraint defined in the law of agreements? For example, a consumer electronics manufacturer could have a vertical agreement with a retailer that would sell and promote the retailer`s products, possibly in exchange for lower prices. Such agreements could lead to a division of markets and/or the creation and maintenance of territorial restrictions. Similar vertical restrictions may be covered by the section 4 prohibition, unless they fall under a class exemption or individual exemption. The Commission`s vertical guidelines also indicate that there may be efficiency gains associated with resale price restrictions. particularly when it is supplier-oriented and refers to it: when an agreement falls under Article 101, paragraph 1, the vertical guidelines also specify the issues that determine whether an agreement meets Article 101, paragraph 3 (and therefore may benefit from an exemption from the prohibition under Article 101, paragraph 1): Article 101 applies to agreements that “may affect trade between [EU Member States]”.