If the requirements of the press release are not met, a vertical agreement does not enter the scope of the press release and is reviewed in accordance with Article 4, point 4054. Even if section 5 of Act 4054 is not respected, a vertical agreement cannot benefit from the individual exemption. In order for a vertical agreement to benefit from the exemption under the communiqué, the agreement must be subject to very careful consideration and should not be considered as a group of waivers. Some vertical agreements probably have restrictions that do not comply with Article 101 of the TFUE. These are agreements that contain provisions: economic analyses of vertical agreements specify the steps, tests, findings and evaluations needed to assess vertical agreements, particularly where an individual review is required under Article 81 of the EC Treaty (as is the case for all firms with a market share of more than 30% in a particular market). Among the terms and factors that are explained in detail in the various relevant viewpoints is: “Active sales” is defined as buyout in its exclusive region or its group of customers by mail or visit. In addition, the establishment of a distribution site or distribution warehouse on the territory of another buyer is also covered by the framework of the active sale. Advertisements or promotions aimed directly at customers in the region or groups of customers assigned to another buyer may also be included in other active sales methods. 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. The non-competition obligation is defined in Article 3 of the press release as an obligation that prevents the purchaser from selling, buying or reselling goods or services subject to the agreement.
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. Under the category exemption and the Commission`s current guidelines, the above restrictions would normally be considered “hard-core.” The inclusion of a “hardcore” restriction automatically eliminates the potential benefits of safe port of the category exemption for the entire agreement. 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. Detailed information on vertical agreements and category exemptions in accordance with the Press Release is presented below. 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. As is well known, rules on vertical agreements, Act 4054 and the category exemption release on vertical agreements No. 2002/2 (“communicated”) are established.