The main purpose of Article 101 is to ensure that companies do not use agreements, including vertical agreements, to limit competition to the detriment of consumers. Vertical agreements concern agreements or cooperation between different levels of the production or distribution chain. For example, between a manufacturer and a distributor. The measured values must be polarized at the measuring point with the antenna, first horizontally and then vertically. In accordance with the guidelines, the following types of vertical agreements do not fall within the scope of Article 101: vertical restrictions are generally less damaging than horizontal restrictions and can have positive effects on competition and consumers. From a competition perspective, vertical restrictions are generally only problematic if one of the parties is exposed to insufficient competition, i.e. when one of the parties occupies a strong position in the market. Commission Communication – Guidelines for Vertical Retaining Devices Above each cell door, there was a window with a metal grille and seven vertical bars. The European Commission has therefore decided to adopt a category exemption for vertical restrictions, which also applies to Swedish law. The category exemption applies to vertical agreements which are covered by the prohibition of anti-competitive agreements covered by Article 101, paragraph 1 of the Treaty on the Functioning of the European Union, but which generally meet the exemption requirements of Article 101, paragraph 3. Read the Commission`s communications on minor agreements Vertical agreements can sometimes contain provisions that prevent, restrict or distort competition, so-called vertical restrictions. Other guidelines on vertical restrictions can be found in the Commission`s guidelines on vertical restrictions, which contain guidelines in Swedish legislation. The Commission has published a communication on low-importance agreements (de minimis communication).
In this opinion, the Commission describes what needs to be subject to a significant restriction of competition. The Swedish Competition Authority has given similar general guidelines for minor agreements. As a general rule, vertical agreements will not significantly affect competition if the parties` cumulative market share in all the markets in question is less than 15%. However, exceptions apply to characterized restrictions, which may be prohibited even when market shares are lower. Vertical agreements, which are generally not within the scope of Article 101 Ovanfur varje celld-r fanns ett fenster med ett st`ltr`dsnàt och sju lodràta st-nger. Avl-sningar skall gàras vid màtpunkte med antennen polariserad ferst i v`gràt och sedan i lodràt riktning. Some restrictions are never covered by the category exemption and must be assessed individually. This is the case, for example, with non-competition clauses that last more than five years for a contract term and non-competition clauses that remain in effect for more than one year at the expiry of a contract.
These restrictions must be assessed on a case-by-case basis to determine whether they are authorized or not. The removal of the category exemption and the non-application of BER In order to prohibit cooperation, it must have or have a significant impact on the restriction of competition. Whether a restriction of competition is significant depends, among other things, on the nature of the restriction and the market share of the cooperating companies. Vertical restrictions covered by the category exemption are permitted. This assumes that neither party has a market share of more than 30% in the markets covered by the contract and that the contract does not have any specific restrictions. Examples of restrictions are found when a supplier and distributor agree on binding minimum prices or absolute territorial protection. Absolute territorial protection prohibits active and passive sales outside an assigned area, for example. B the ban on the online sale of products.
