Vertical agreements with clauses relating to the transfer of intellectual property rights or the purchaser`s use of rights, as well as provisions relating to the purchase, sale and resale of goods and services where intellectual property rights are directly related to the use of goods and services by the purchaser or by the buyer`s customers, may benefit from the class exemption contained in the press release, unless the use or transfer of IPR is not the primary objective of the contract. For more information: the new legislation can be consulted at: ec.europa.eu/competition/antitrust/legislation/vertical.html Article 2 of the Communiqué defines vertical agreements such as: “Agreements between two or more companies operating at different levels of the production or distribution chain, with a view to buying, selling or reselling certain goods or services.” In other respects, vertical agreements are agreements between companies that are not each other because of their market position, authorized distribution, franchise, service and distributor agreements. As stated in the seventh article of the communiqué with vertical agreements, the communiqué also applies to vertically concerted practices. However, if the agreement is subject to prohibition, the parties must continue to ascertain whether the benefits of the agreement justify the imposition of such competition restrictions and whether the agreement meets the individual exemption criteria listed below: if the IP rights provisions have the same purpose as the agreements that are not exempted in the press release, those provisions will not benefit as well. 1. The article 2 exemption applies provided that the supplier`s market share does not exceed 30% of the market in question in which it sells contract goods or services and that the buyer`s market share does not exceed 30% of the market in question in which it purchases the contractual goods or services. The protection of companies such as the exclusive region or customers is not considered absolute protection. Buying companies can only be protected from active competition from other buyers in the system if they sell to their region or their assigned group of customers. Limiting passive sales to this region or group of debtors is considered an offence that excludes the agreement of the category exemption. Detailed information on vertical agreements and category exemptions in accordance with the Press Release is presented below. 1.
In calculating the overall annual turnover covered by Article 2, paragraph 2, the turnover achieved by the stakeholder in the vertical agreement in the previous year and the turnover achieved by its related companies for all goods and services, excluding taxes and other taxes, are added together.