Competition Law Update (Competition Press), Autumn 2009
07.10.2009
The Commission’s initiatives to update its vertical block exemption regulation and guidelines and its consultation process with a view to updating its horizontal guidelines are welcome and necessary in light of changes brought about by modernisation. In general, some of the suggested changes will assist the often difficult task of self assessment of agreements which raise issues under Article 81, but other suggested changes arguably stray into unnecessary regulation and may significantly increase compliance costs. In addition to general guidance, it is also suggested in this paper that the Commission (and the Competition Authority to a lesser extent) take the initiative to provide more guidance in difficult individual cases on examples of where the conditions for exemption under Article 81 (3) might be satisfied.
