Vertikális versenykorlátozások joga, kitekintéssel a vertikális csoportmentességi rendelet (VBER) reformjára
Vertical restraints of competition law with a view to the reform of the Vertical Block Exemption Regulation (VBER)

Summary/Abstract: The Commission Regulation (EU) No 330/2010 of 20 April 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 (hereafter: the old VBER) expired on 31 May 2022. The old VBER and the related Guidelines on Vertical Restraints (2010/C 130/01) have been the most authoritative EU source of vertical restraints law for 12 years. The aim of this study is to compare the revised text with the old text, where relevant, focusing on the old VBER and the provisions of Commission Regulation (EU) 2022/720 of 10 May 2022 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to vertical agreements and concerted practices, and thus to highlight the areas in which the previously applicable rules have been supplemented and amended, and the content of the amendments. Before doing so, however, it seems appropriate to briefly outline the competition test for the legal assessment of restrictive agreements, since in the absence of factual conduct, there is no reason to consider the applicability of any block exemption regulation, at least from a legal-dogmatic point of view.

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