Evaluation of the Vertical Block Exemption Regulation

Summary:

Staff Working Document (SWD) published by the European Commission on 8 September 2020, comprising the summary of an assessment to the Commission Regulation (EU) No 330/2010 - also known as Vertical Block Exemption Regulation (VBER).

Further information:

The document summarises the findings of the evaluation of the VBER, together with the Vertical Guidelines. The aim of the evaluation was to gather evidence on the functioning of the VBER, together with the Vertical Guidelines, in order to decide whether it should lapse, be renewed in its existing form, or be revised. Based on the findings, the Commission decided to launch an impact assessment to look into the policy options for a revision in order to address the issues identified during the evaluation.

The evaluation showed that the VBER and the Vertical Guidelines are still relevant, as they are useful tools that greatly facilitate the self-assessment of vertical agreements, and that help reduce compliance costs for businesses entering into such agreements. At the same time, the evaluation has shown that the market has changed significantly since the adoption of the VBER and the Vertical Guidelines.

The review of the VBER and Guidelines in October 2018. Evidence was collected to understand how the rules functioned since their adoption in 2010. This evidence includes stakeholder contributions gathered in the context of a public consultation held in the first half of 2019 and during a dedicated stakeholder workshop held in November 2019. An external evaluation was also commissioned and later published in May 2020. Further evidence stemmed from the Commission's inquiry into e-commerce, as well as its own enforcement experience with regard to vertical restrictions and that of the national competition authorities.

• Primary Source

Official

European Commission: DG Competition: Consultations: Review of the Vertical Block Exemption Regulation https://ec.europa.eu/competition/consultations/2018_vber/index_en.html

European Commission: Press Release, 08/09/2020: Antitrust: Commission publishes findings of the evaluation of the Vertical Block Exemption Regulation https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1564

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