In accordance with Article 3 of regulation (EC) No. 330/2010, the application of the category exemption is subject to a market share limit of 30%. The supplier and dealer/buyer must respect the limit. The dealer/buyer`s market share is measured in the market. Article 7 of regulation (EC) 330/2010 establishes specific rules for calculating market share and provides for limited exceptions. Limit the buyer to buy or otherwise process competing products from purchased products, directly or indirectly (for example. (b) the situation in which the buyer is required to purchase more than 80% of all purchases of the product from the supplier) for more than five years (non-competition ban); Territorial and customer restrictions on sales within a “selective distribution system” in which buyers are selected on the basis of pre-defined criteria (while a supplier may, among other things, prevent a distributor in a selective distribution system from selling to other distributors who are not “approved”); or the focus on digital markets has led to a number of developments, including an increase in abuses of dominance and a refocus on vertical agreements in the field of e-commerce. 3.5 As a general rule, what are the consequences of the “dominant” or “monopolistic” assessment? Is dominance or monopoly illegal in itself (or regulated) or is there certain behaviours that are prohibited? A vertical agreement between competing companies is in principle excluded from the category exemption. An exception is made when the supplier is a manufacturer and distributor of goods and the dealer/buyer is a trader and does not compete at the manufacturing level. The category exemption provides a similar exemption for service delivery. Dual-distribution configurations that meet this requirement may fall within the scope of the category exemption (see Article 2, paragraph 4, Regulation (EC) 330/2010). 1.11 Describe all ports of immunity or exemption or security in force.
an agreement between a spare parts manufacturer and a purchaser who installs these parts in its own products must not prevent or restrict the sale of these spare parts to the end consumer, independent repairers or service providers by the manufacturer. In line with the European Union`s modernization reforms of May 2004, the United Kingdom abolished the notification system previously in place under the CA. It is therefore not possible to notify a vertical restriction subject to the invitation to give notice in new cases (see question 48). Note, however, that it is possible to ask the CMA for immunity from fines for maintaining resale prices (see questions 19 and 52). In addition, not all vertical agreements are exempt as part of the press release. It is essential that exemptions be applied only if the supplier`s market share in the vertically agreed goods and services market is less than 40%. In this case, it is important to calculate companies` market shares in terms of exemptions.