Vertical Agreements and Concerted Practices Arising from Commercial Relations. Innovative Legislation in the Matter

Abstract

The goal of achieving and maintaining an integrated internal market is to strengthen competition in the European Union. Consequently, in conditions where the elimination of unfair competitive practices has been achieved at the level of the member states, companies cannot resort to prohibited vertical agreements, for which the provisions of art. 101 para. 1 of the Treaty on the Functioning of the European Union apply. However, Regulation (EU) 2022/720 regulates categories of vertical agreements and concerted practices that are not considered incompatible with the common market and the general interest of consumers. Thus, if a vertical agreement restricts competition within the meaning of art. 101 para. 1 of the Treaty, the agreement may still meet the exemption conditions set out in art. 101 para. 3, only under the conditions set out in this Regulation. In June 2022, the European Commission adopted the Communication “Guidelines on Vertical Restraints”, a document through which the EU institution provides businesses with guidelines on vertical agreements, how the provisions of art. 101 of the TFEU apply to vertical agreements, the positive and negative effects they have generated. Also, in the communication, the Commission refers to those vertical agreements that do not fall under Article 101(1) of the treaty, also providing explanations regarding the protection regime – “safe harbor” – established by Regulation (EU) 2022/720.

                All these issues will be analyzed in the present study from a personal perspective, substantiated by the legislation appropriate to the matter.