Vertical restraints EU competition law

Günstige Preise & Mega Auswahl für Restraint provisions of European Union (EU) competition law. Since the 1960s and the Consten and Grundig case,3 it is acknowledged that vertical agreements can entail restrictions of competition - generally called vertical restraints - which meri context, vertical agreements - to restrict competition on the market to the detriment of consumers. Assessing vertical restraints is also important in the context of the wider objective of achieving an integrated internal market. Market integration enhances competition in the European Union After discussing the pro-competitive rationale and potential negative effects of vertical restraints and the introduction of an economic approach by the Commission, the book analyses the block exemption regulation and critically reviews the limits of the 2010 revision of EU rules on vertical restraints

The paper is divided into five sections. Following a short introduction, section II sets out the different types of vertical restraint commonly found in commercial contracts of a vertical nature and the theories of harm (such as risks of foreclosure and collusion) and pro-competitive effects ascribed to them under EU competition law Vertical Restraints and Distribution Models under EU Competition Law Published on June 21, 2020 June 21, 2020 • 14 Likes • 0 Comment

(PDF) Vertical Restraints under Indian Competition Law

For the purposes of competition law, vertical agreements are agreements entered into between two or more parties who are not acting at the same level of the production, supply and distribution chain in relation to the agreement For most vertical restraints, competition concerns only arise if there is insufficient competition at one or more levels of trade. This means that there must be some degree of market power at the level of the supplier or the buyer or at both levels

Amazon.com: EU Competition Law Volume VI, Vertical Restraints (9789491673009): Siragusa, Mario, Faella, Gianluca: Book For competition law purposes, vertical agreements are agreements between parties active at different levels in the economic supply chain. It is generally accepted that vertical restraints tend to be less harmful to competition than horizontal restraints (agreements between competitors operating at the same level)

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The 2010 EU Regulation on Vertical Agreements significantly changed the approach of previous block exemptions. It provides exemptions on more general terms, which in effect allows more restraints to be permissible in principle unless prohibited. It adopts a so-called blacklist of prohibited terms and a white list of permissible terms Over the last two decades, European competition policy has drastically changed its treatment of vertical restraints imposed by a supplier of products or services on its downstream distributor The term vertical restraints refers to the restrictions of competition vertical agreements may contain. These agreements take place between companies (or undertakings) operating at different levels of the production or distribution chain However, in some individual cases the Commission may consider that it is better placed to enforce the EU rules on vertical restraints than individual, member state-level competition authorities. The Vertical agreements Practice note considers the application of EU competition law to vertical agreements. Vertical agreements are the most frequently encountered commercial agreement. They are those entered into between two or more firms operating at different levels of the market, for example, between a manufacturer and distributor

The VBER block exempts from the application of EU competition law distribution agreements where the market shares of the supplier and reseller do not exceed 30% in the respective relevant markets. Guidelines on Vertical Restraints, OJ C 291, 13 October 2000, pp. 1-44, para. 51 Article 101 (1) of the Treaty on the functioning of the European Union (the Treaty) prohibits agreements between undertakings that restrict competition unless they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits, in accordance with Article 101 (3) of the Treaty Vertical Restraints under Serbian Competition Law: A Comparison with EU Law By Tijana Kojović and Dragan Gajin Reprinted from ECLR Issue 8, 2012 Sweet & Maxwell 100 Avenue Road Swiss Cottage London NW3 3PF (Law Publishers

EU Competition Law Volume VI - Vertical Restraint

Slide 2 EU approach to vertical agreements Examples of vertical agreements • Agreements between parties at different levels of the production/distribution chain • E.g. distribution (exclusive, selective), agency, franchising, supply, purchasing Assessment of vertical agreements • Vertical agreements generally viewed with less suspicion - may have positive effects on competition EU Guidelines on vertical restraints. The EU Commission has issued guidelines on vertical restraints to help with determining when an agreement should be excluded from the Chapter I or Article 101 prohibitions. Generally, vertical restraints are less likely to be anti-competitive than horizontal restraints Vertical agreements that satisfy the criteria of the Vertical Agreements Block Exemption (VABE) are exempt from the prohibition on anti-competitive agreements contained in article 101 of the Treaty on the Functioning of the European Union (the Prohibition). However, rules which apply to dominant companies continue to apply

The EU Vertical Restraints Block Exemption Regulation classifies such restriction as hardcore. EU competition law prohibits both direct and indirect forms of RPM. Examples of indirect forms of RPM include: fixing margins, setting a maximum discount, requiring that retailers obtain the manufacturers' consent to revise their prices, intimidation. Vertical Restraints In competition law, the vertical organization of a company is relates to that corporations supply chain. Occasionally, a single firm may have fully integrated this supply chain (owning every step from production through sale) but are most often only done so partially This report on Competition Policy and Vertical Restraints: Franchising Agreements explores the application of competition policy to vertical relationships in the context of franchised distribution systems. It opens with an economic analysis of franchising and the vertical restraints in such agreements. It goes on t Indeed, the EU Guidelines on vertical restraints mention that ' [t]ying may also constitute a vertical restraint falling under Article 101 where it results in a single branding type of obligation (see paragraphs 129 to 150) for the tied product'. 4

Vertical Restraints under EU Competition Law: Conceptual

Vertical agreements typically contain restraints which may have anticompetitive effects, but may nonetheless be justifiable in terms of the economic benefit that they bring. Competition rules in this area involve a balancing of the potential benefits of the restrictions in such agreements with the potential risk to competition involved The guidelines on vertical restraints also describe the general framework of analysis and the policy which the Commission plans to follow in the field. Analysis of the effects on the market of vertical restraints. The negative effects on the market that may result from vertical restraints which EC competition law aims to prevent are as follows

Guidelines (at paragraphs 100 to 105) describe the potential negative effects of vertical restraints which EU competition law aims to prevent. These potential effects on competition all relate essentially to the possibility of market foreclosure of competitors and/or the prospect of consumer third-party platforms may not be permissible under EU competition law in other industries in which selective distribution is used (such as sports articles). The Coty judgment also highlights the difficulty in assessing vertical restraints under EU law and the need for a careful, case-by-case analysis. * * * ENDNOTE The Competition Act does not contain a definition of vertical restraints. Regulation (EU) No. 330/2010, which applies directly in the Netherlands, provides that vertical restraints include minimum.

Vertical Restraints and Distribution Models under EU

  1. VERTICAL RESTRAINTS IN COMPETITION LAW 611 October - December, 2011 have considered the close relationship between the common law doctrine of re - straint of trade and EC competition law.5 Though the analysis to be carried out under the two approaches is somewhat different - in common law, the court
  2. in 2018 the EU Commission has launched a reform of the rules relevant for the assessment of vertical (distribution) restraints under EU Competition law. Although this process is to be completed in 2022, the most important changes to the Regulation 330/2010 and the Commission Guidelines on Vertical Agreements are already discussed among.
  3. restraints have been of particular importance to the EU competition policy • Analytical Framework for vertical restraints started to shape in 1966 - In 1966, Joint Cases 56/64 and 58/64 Grundig Consten, ECJ had clearly stated that Art. 85 (now Art.101) was also applicable to vertical restraints
  4. European Union Restrictions On Non Compete Clauses in Distribution Agreements. The majority of European nations have enacted regulations concerning distribution agreements that are far more restrictive and far more complex than those of most American states. Many of the nations, such as Belgium, have enacted laws that void contrary provisions.

According to the BER on vertical restraints, Commission Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices, a vertical agreement is presumed to be lawful if the buyer and the supplier have only limited market power. Prohibition of abuses of a dominant position (Article 102 TFEU) Consequences of breaching competition law. Competition Law Issues in Vertical Agreements. Types of distribution. Issues to watch out. Selective distribution ( Coty) Resale price maintenance. Issues in online distribution ( Ping, Beauty Bay, Guess) Algorithms and price harmonisation

Vertical Agreements in EU Competition Law (3rd edition

EU Guidelines: Vertical Restraints Harper James Solicitor

on vertical restraints The general Vertical Restraints Block Exemption Regula-tion contains essential rules that need to be considered by anyone trading in goods or services. It provides for several hardcore restrictions, i.e. clauses that should be avoided in distribution agreements, as they would give rise to issues under competition law approach to EU competition law a 'more analytical approach' rather than effects-based.27 B. Anti-competitive vertical restraints by effect Where a vertical agreement does not infringe Art. 101 by object, it is necessary to look at the effect of the agreement. Only then will it be possible to identify a factual restriction to competition.2 Marco Colino's book is an important contribution to the development of the law of vertical restraints in the EU. The subject matter concerns the heart of antitrust policy. Her analysis of the economics of vertical restraints, the detailed scrutiny of the decisional practice in the US and the EU and the critical assessment of the current EU. related Guidelines on Vertical Restraints (the EU Vertical Guidelines) 6 to competition law to vertical agreements in the UK; and (iii) industry associations. The CMA has sought input from consumer organisations with an interest in the UK market as part of its review. However, engagement by suc Vertical restraints refer to restrictions of competition in agreements or contract terms between firms that operate at different levels of the supply chain, for example an agreement for the supply of goods between a manufacturer and a retailer or distributor, or an agreement for the supply of services. The vertical

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EU Competition Law Volume VI, Vertical Restraint

restraints. Vertical restraints have traditionally been subject to rule-of-reason analysis, and the new law maintains that approach. The competition authorities follow a generally permissive position towards vertical restraints. Exclusivity clauses are generally not objected. Clauses most commonly objected to are minimum or fixed-resale-price. UPFRONT ACCESS PAYMENTS, CATEGORY MANAGEMENT AND THE NEW REGULATION OF VERTICAL RESTRAINTS IN EU COMPETITION LAW: IMPORTING THE RETAIL SIDE OF THE STORY 1 Ioannis Lianos2 Abstract: By integrating more fully the retailer power story, the new vertical restraints guidelines and block exemption regulation provide for a more equilibrated regime for vertical restraints in Europe Vertical Agreements in EU Competition Law. Third Edition. Filip Tuytschaever and Frank Wijckmans. A new edition of an established practitioner text providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements

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Vertical Restraints & Distribution Prepare for the future of the Vertical Block Exemption Regulation whilst sharing practical strategies with manufacturers, retailers and distributors to address today's challenges Benefit from critical insights and share practical solutions with your peers from Europe and beyon Analysing vertical agreements under EU competition law. Commercial agreements concluded between companies operating at different levels of production or distribution chains (known as vertical agreements) need to be checked to ensure that any restraints do not breach competition law Like all vertical restraints, the courts' thinking of tying has evolved substantially over the years. Tying remains the only vertical restraint that still applies per se liability (meaning proof of the activity is enough to be found liable). However, as seen above, the case law has evolved to require many conditions to be met before the tying. 2 Faull & Nikpay, The EU Law of Competition (OUP, 2014), page 1373. 3 EU, Guidelines on Vertical Restraints (OJ 2010 C131/01, 19.05.2010), paragraph 6

The restraints in competition law can be broadly divided as horizontal and vertical. The agreement relating to the competition that operates at a similar level of the economy falls under the ambit of the Horizontal Agreement. Such agreements are between the levels that deal with the same type of products such as producers and producers, sellers. Vertical Restraints the Functioning of the European Union to categories of vertical agreements and concerted practices, at: basic principles of EU competition law, in particular consumer welfare in what concerns price, choice, and product quality. 3 1 Introduction. On 25 May 2020, the European Commission (Commission) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (VBER) and the accompanying Guidelines on Vertical Restraints (the Final Report). The Final Report was published following a public consultation from 4 February to 27 May 2019 to gather views on. Keeping Geo-blocking Practices in Check: Competition Law and Regulation Giorgio Monti. Territorial Restrictions in EU Competition Law: From Consten-Grundig to Ping and Pay-TV Pablo Ibáñez Colomo. Vertical Restraints and the Digital Revolution: Has the Internet Changed the Rules of the Game in the EU? Yves Botteman & Alexandra Proh

Vertical restraints. Vertical restraints are competition restrictions in agreements between firms or individuals at different levels of the production and distribution process. Vertical restraints are to be distinguished from so-called horizontal restraints, which are found in agreements between horizontal competitors eu New EU Rules for Distribution and Supply Agreements By Matthew Hall and Robert Rakison (McGuireWoods LLP) On April 0, 010, the European Commission adopted a new block exemption regulation covering so-called vertical agreements such as distribution and supply agreements (the new Vertical Restraints Block Exemp-tion Regulation or New VRBER)

On 31 May 2021, the Vertical Agreements Block Exemption Regulation (VBER), which exempts certain agreements from the EU and UK prohibitions on anti-competitive agreements, enters its final year of service before its scheduled expiry at the end of May 2022.Both the UK's Competition and Markets Authority (CMA) and the European Commission (EC) have begun consultations on whether to replace the. From cartels and abuse of dominance, mergers and private enforcement through to information exchange, state aid and vertical restraints, we have it covered.Join us for 2 days of in-depth analysis of all the recent policy developments, decisions and investigations. Our eminent speakers from across the competition law world will draw out the practical implications of the latest cases to ensure.

previous vertical block exemption regulation and guidelines on vertical restraints which had been applicable since 1999. Like the previous block exemption rules, the New Block Exemption Regulation exempts certain types of vertical agreements from being considered anti-competitive agreements that violate EU competition/antitrust law The UK Competition and Markets Authority (CMA) is reviewing the version of the EU Vertical Block Exemption Regulation (VBER) retained in UK law following the end of the Brexit implementation period.This review, which had been expected, was confirmed by the CMA and the Department for Business, Energy and Industrial Strategy (BEIS) on 10 February 2021

Guidelines on Vertical RestraintsText with EEA relevanc

  1. ute and contextual analysis of the application of the relevant rules on vertical restraints in the US and the EU, Csongor Nagy makes a unique contribution to comparative competition law and very competently helps practitioners to avoid the pitfalls of false friends.
  2. The laws applicable to vertical restraints in Spain are: (i) the LDC; (ii) Royal Decree 261/2008 of 22 February 2008 approving the Defence of Competition Regulation ( RDC ); and (iii) European competition law. 2.4 Are there any types of vertical agreements or restraints that are absolutely (per se) protected
  3. It also brings real-world debate and a policy-oriented framework. This book substantially enriches the literature on vertical restraints and enforcement of competition law, and it is highly relevant for scholars and competition law practitioners in the EU, in Brazil, and in other jurisdictions that face similar economic and institutional realities
  4. I. Introduction. Vertical agreements are agreements for the sale and purchase of goods or services entered into between undertakings operating at different levels of the production or distribution chain.Vertical restraints are restrictions of competition in a vertical agreement (such as non-compete and single branding obligations). The Vertical Agreements Block Exemption Regulation 1 ('the.

Vertical restraints and e-commerce. This article wishes to provide guidance on how the new vertical restraints linked to e-commerce should be treated and recommendations over the priorities and challenges that need to be addressed. This paper has been published at Concurrences Review N° 1-2018, Art EU Competition Law • Commission guidelines vertical restraints - An agent is a legal or physical person vested with the power to negotiate and/or conclude contracts on behalf of another person (the principal), either in the agent's own name or in the name of the principal, for th TERRITORIAL VERTICAL RESTRAINTS UNDER EU LAW Konstantina Strouvali European Commission DG Competition, Unit A1 ‐Antitrust case support and policy 14th EU‐China Competition Week Shenzhen, 24 March 2017 Background 2 • Aim of the rules on verticals is to prevent consumer harm, while preserving any pro‐competitive effects of theagreement

Vertical Restraints And Distribution Agreements Under Eu Competition Law. By : tcadmin | 0 Comments | On : April 14, 2021 | Category : Uncategorized The Commission`s vertical guidelines do not distinguish between different types of online distribution channels, but they do contain some guidance on the use of third-party platforms seq of the French Commercial Code. EU antitrust law (ie, article 101 of the Treaty on the Functioning of the European Union) may also apply to vertical restraints if they restrict competition within the common market and may affect trade between the EU member states. Under French law, article L420-1 of the French Commercial Cod The European Commission (EC) conducted an evaluation of Commission Regulation No. 330/2010 (VBER) and the Guidelines on Vertical Restraints (the Vertical Guidelines). The EC findings were boiled down in a staff working document (the staff working document), [2] which underscores the need for a revision of the legal framework to better reflect. This publication explains how the European competition rules are applied to vertical agreements, ie: essential agreements for the sale or purchase of goods or services between parties operating (for the purpose of the particular agreement) at different levels of the supply chain. It considers the operation of the Commission's vertical. Access to Online Platforms and Competition Law 75 The German courts that took a more interventionist approach considered that the Vertical Restraints Guidelines were not relevant to them.8 But some judgments from German courts took a similar position to the European Commission.9 The preliminary ruling of the European Court of Justice in Coty, following a reference fro

Supply Chain: Issues & Analysis: Restrictions and Exclusivity 1. Overview. Competition law is a significant issue for all operators in a supply chain. There are two distinct categories of potential issue arising competition: vertical activity (i.e. aspects of the relationships between suppliers and customers which have an anti-competitive effect) and horizontal activities (i.e. anti. Both under European law and under the German Competition Act (Act against Restraints of Competition, GWB) 8. vertical price fixing is generally covered by the prohibition of anti-competitive agreements (Article 101 TFEU. 9, Section 1 GWB) and can only be justified in exceptional cases.

Competition Law & Vertical Restraints - Key issues and latest cases. 02/07/20; 09:00; MBL Learn Live; Event Information. For many businesses, establishing effective distribution networks is an integral means of remaining competitive in the market 7 Green Paper on Vertical Restraints in the EC Competition Policy, COM(96)721 final; see also European Commission's Press-Release IP 97/35. Initially the Green Paper was scheduled for March 1996. See Fiona M. Carlin Vertical Restraints: Time for Change? 5 ECLR 283,283 (1996). 8 See id. at 75, ch. viii. 9 See id. at Exec. Summary, para. 38 The New EU Rules On Vertical Restraints. Law360 (May 7, 2010, 12:55 PM EDT) -- On April 20, 2010, the European Commission adopted a new Regulation (No 330/2010) listing the conditions under which.

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Vertical Restraints - McMahon Legal Guid

the Exclusive Dealership Agreement and Vertical Restraints present in the European Union. KEYWWORDS: Diversity, Competition, Law, Restrains, Analysis Exclusive Dealership Agreement: General And Indian Context Backdrop and Introduction C ompetition is not defined in law but is generally understood to mean the pro-cess of rivalry to attract more. actual or likely effect on competition, in accordance with Justice Brandeis's classic and enduring formu-lation in Chicago Board of Trade v. United States.5 Khan and Leegin have thus brought the antitrust analysis of vertical price restraints in line with that of vertical non-price restraints such as restriction This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to. www.euclid-law.eu London Brussels Revised EU rules for vertical agreements unveiled On 9 July 2021, the European Commission (the 'Commission') published its draft texts for the new Vertical Agreements Block Exemption Regulation ('VBER') and Guidelines on Vertical Restraints ('Guidelines') for public consultation.These are th

Vertical Restraints - Competition Law Insigh

prohibition for vertical agreements and restraints. 1.8 Part 7 of this guideline describes many of the factors that the OFT considers when assessing whether a vertical restraint in an agreement harms competition and/or whether it leads to any beneficial effects. COMPETITION LAW GUIDELINE3 December 200 Generally speaking, within competition law, a vertical restraint is an agreement undertaken at different levels of production, distribution, or supply (e.g. an anti-competitive agreement between a manufacturer and distributor). Vertical restraints are a well-known and much-written about area within antitrust, but there are new developments against vertical nonprice restraints (such as customer and territorial restrictions), maximum resale prices, and minimum resale prices have each, in turn, been overruled, so that the rule of reason now governs all vertical agreements.3 In other jurisdictions, notably the European Union, vertical agreements are treated more strictly. Under European Union ('EU') Law, the principle governing the assessment of restrictions directly related and necessary to concentrations - known as ancillary restraints - is that of self-evaluation by the parties Reconsidering the Application of EU Competition Law to Vertical Price Restraints IOANNIS APOSTOLAKIS LL.B (Thessaloniki); LL.M (Glasgow) Submitted in Fulfilment of the Requirements for the Degree of PhD in Law School of Law College of Social Sciences February 201

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Vertical restraints (or restrictions) - Concurrence

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. Luxury brands no longer display quiescence when it comes to competition law enforcement. Quite to the contrary: (i) recent case law both from EU and national Courts; (ii) the European Commission's investigative interest in cases involving distribution systems; and (iii) the review of the Vertical Block Exemption Regulation (VBER) (due to expire on 31 May 2022), indicate that brands, when. 3 Is the only objective pursued by the law on vertical restraints economic, or does it also seek to promote or protect other interests? One of the key identifying features of EU competition policy has been its pursuit of a variety of different goals. In recent years, th Vertical restraints may have an adverse effect on competition only in cases where one of the parties to the agreement has significant market power. However, after a long time, the EC also shifted its focus to vertical restraints. In recent cases of Asus, Denon & Marantz, Philips, Pioneer, and Guess, the EC found that manufacturers directly or. We briefly review the relevant economic theories and legal treatment of vertical restraints, and especially focus on the 1977 landmark case of Sylvania and its possible influence on China's antitrust enforcement on vertical restraints. China's competition policy, and particularly its antimonopoly law, does not explicitly instruct with respect to the enforcement approach (per se versus rule.

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Vertical Agreements in the European Union - Lexolog

the European Union to categories of vertical agreements and concerted practices (Vertical Block Exemption Regulation or VBER). 9 Cf. paragraph 52 of the EU Commission Guidelines on Vertical Restraints, OJ C 130, 19.5.2010 (Guidelines on Vertical Re-straints). 10 Cf. paragraph 51 of the Guidelines on Vertical Restraints The latest reform of EU Competition Law on vertical restraints. Revista de Concorrência e Regulação , 2010. Miguel Sousa Ferro. Download PDF. Download Full PDF Package. This paper. A short summary of this paper. 14 Full PDFs related to this paper. READ PAPER On 20 April 2010, the European Commission adopted a new vertical agreements block exemption regulation and accompanying revised vertical restraints guidelines. The new block exemption regulation will replace Regulation 2790/1999 from 1 June 2010, with a transitional period of one year for pre-existing agreements that meet the conditions of. UK and EU competition law prohibits anti-competitive agreements between businesses. There are heavy penalties for infringements. When setting up a distribution network, whatever the size, status or sector of your business, it is important to be aware of the main competition rules. UK and EU competition laws prohibit anti-competitive agreements. The Tilburg Institute for Law, Technology, and Society (TILT) & the Tilburg Law and Economics Center (TILEC) jointly offer a program on Competition Law & Digital Regulation. The program provides you with a comprehensive overview of the legal issues relating to the application of competition law in the digital sector and the ongoing policy as well as legislative initiatives regarding the.

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intra-brand and inter-brand competition, as well as some hard-core vertical and horizontal restrictions, such as non-competi-tion clauses'2 and/or concerted refusals to deal,13 by resorting explicitly or implicitly to the doctrine of ancillary restraints. I. THE NOTION OF ANCILLARY RESTRAINTS 1N EC COMPETITION LAW Vertical Agreements in EU Competition Law. This book gives comprehensive coverage of EU distribution law and the law relating to vertical agreements. Now in its second edition, it is the only book to provide a detailed and practice oriented analysis of the entire scope of vertical agreements under the new legislative framework Despite the UK's final withdrawal from the EU, much of EU competition law continues to regulate commercial activity within the UK. This retained body of law includes the Vertical Agreement Block Exemption Regulation (EU 330/2010) (VABER), a retained exemption under UK Brexit-related legislation Dmytriv Anastasiia Effect of vertical restrains on e-commerce Nowadays, online purchases are growing rapidly; people are choosing online shopping more often with the purpose to save time and even money. Furthermore, online platforms stimulate market development and increase competition. E-commerce is believed to have pro-competitive effects, and it enjoys a special protection in the European. EU competition law and commercial agreements Analysing vertical agreements under Article 101 TFEU Analysing horizontal agreements under Article 101 TFEU EU antitrust - Article 102 TFEU The Commission has published Vertical Restraints Guidelines (Guidelines) which outline the core principles to consider when applying the VRBE and in.