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The European Commission has issued a public consultation to allow interested parties to provide their feedback with regard to competition issues that arise in vertical relationships. The public consultation period opened on the 4 February 2019 and shall continue to run until the 27 May 2019. This public consultation process follows an ‘Evaluation and Fitness Check Roadmap’ that was carried out from November to December 2018.1

The Block Exemption Regulation (the ‘Regulation’),2 which entered into force in 2010 and shall continue to run until 2022, deals with a category of vertical agreements which the European Commission regards as normally satisfying the conditions laid down in Article 101(3) of the Treaty on the Functioning of the EU (the ‘Treaty’) and are therefore not considered anti-competitive practices prohibited under Article 101 of that Treaty. The consultation is aimed at evaluating whether the Regulation ‘is still effective, efficient, relevant, in line with other EU legislation and adds value’.3 It will also provide the European Commission with feedback to enable it to determine whether the Regulation should be allowed to lapse upon its expiry in 2022, whether its duration should be extended or whether the text of the Regulation should be revised.Any interested party is invited to contribute its feedback on the Regulation through an online questionnaire that can be accessed here.

1. You can read more about it here.
2. Regulation No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices.

This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr Annalies Muscat or Dr Laura Spiteri.