Review of EC competition rulesn applicable to vertical agreements

Introduction

ICC is pleased to comment on the Commission’s proposals for a revised block exemption regulation and guidelines on vertical restraints.
The draft documents contain some much needed clarification regarding sales over the Internet, foresee a two-year period during which new products can be introduced to market without fear of infringing the otherwise unchanged rules on territorial restrictions on sales, and recognise that resale price maintenance may sometimes be justified by efficiencies.
Some proposals are less encouraging especially the application of the market share threshold to the buyer.
ICC believes that the guidance on RPM and Internet sales could better reflect commercial realities.
A number of other opportunities to modernise the existing law also risk being missed.
In the following pages, ICC first discusses the Commission’s main proposed changes and then turns to other possible reforms that might be incorporated in the final versions of the regulation and guidelines.