European Commission Publishes New Vertical Block Exemption Regulation and Guidelines
Introduction
On 10 May 2022, the European Commission adopted the new Vertical Block Exemption Regulation (“VBER”), along with the new Guidelines on Vertical Restraints (the “Guidelines”) following an evaluation and review of the current rules. The expectation is that the Competition and Consumer Protection Commission (the “CCPC“) will issue a new Declaration and Notice in relation to the treatment of vertical agreements which will largely mirror the rules contained in the new VBER and Guidelines.
A key takeaway is that the general exemption of the VBER and Guidelines will now cover additional levels of the supply chain besides manufacturers eg, importers and wholesalers whilst, conversely, others will now lose certain block exemption benefits eg, digital platforms.