Vertical Agreements Competition Law Eu

Article 101 applies to agreements that “may affect trade between EU member states]. If the agreements do not affect trade between Member States but nevertheless have an impact on trade within a given EU Member State, they can be taken into account in accordance with that Member State`s national competition rules (see corresponding national chapter). The term “effects on trade between Member States” is broadly interpreted and includes “real or potential” effects and “direct or indirect effects” (see Commission communication – Guidelines on the impact on trade approach contained in Articles 81 and 82 of the Treaty, JO L 347 of 29.11.2013, p. 1. C101, April 27, 2004 (guidelines on the impact on the business approach). If vertical restrictions are introduced in only one Member State, they can also affect trade between Member States by imposing barriers to entry for companies operating in other EU Member States. Whether a particular agreement will affect trade between Member States should be dealt with on a case-by-case basis. However, the trade impact guidelines state that vertical agreements for products for which neither the supplier nor the buyer have a market share of more than 5% and for which the supplier generates no more than EUR 40 million in revenue at the UNION level cannot in principle be considered to have a commercial effect. The Commission`s vertical guidelines do not distinguish between different types of online distribution channels, but they do contain some guidance on the use of third-party platforms. The vertical guidelines specify that a supplier may require, particularly in a selective distribution context, that buyers use third-party platforms only in accordance with the standards and conditions agreed between the buyer and the supplier for the purchaser`s use of the Internet. A supplier may also require customers not to visit the buyer`s website via a website that bears the name or logo of a third-party platform when the buyer`s website is hosted by the same third-party platform.

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