How the National Competition Authorities’ Decisions Fed Into the Modernization of the EU Vertical Agreements Block Exemption Regulation and Guidelines: The Example of the French Autority de la Concurrence

On April 20, 2010, The European Commission adopted a new Block Exemption Regulation on vertical restraints and its supplementary Guidelines. They replace the corresponding texts that dated back from 1999 and provide a new framework for analyzing distribution agreements for the next twelve years.

The main novelty of the BER lies in its Article 3, which narrows the “safe harbour” by taking into account buyer power. In additi