Private parties may complain about alleged illegal vertical restraints to the CCTA in writing, orally or electronically, in accordance with the RULES OF THE CCTA. The OTCC will refer the complaint to the Commission`s Secretary-General, who will ask the Commission`s lawyers to speak about violations of existing legislation. The Secretary-General of the Commission shall then take a decision which shall be notified to the complainant within fifteen days of the date of the decision. Which authority is competent to impose prohibitions on anti-competitive vertical restraints? How are cases distributed to several competent authorities? Do governments or ministers have a role? None of these prohibitions apply to intra-group actions prescribed by the TCC. Derogations from soft core agreements may also be available in respect of agreements for the development of production, distribution or technological or economic progress, as well as for certain licensing agreements which may be interpreted as authorised franchise or distributor agreements on the basis of the Directive mentioned below. Such derogations shall be available only to the extent necessary and where such measures do not create a monopoly or significantly limit the market taking into account the impact on consumers. There is no obligation to inform the Commission of agreements which involve vertical restraints. To what extent does antitrust law apply to vertical restraints in agreements entered into by public bodies? The ATT 2017 distinguishes between “horizontal” and “vertical” agreements and imposes a series of different sanctions; The 1999 ATT simply stated that cartels of undertakings (in the same market or not) are subject to the same penalties. Is there any regulation of vertical agreements and, if so, what kind of vertical restrictions or provisions are generally considered in such agreements? For example, market-sharing agreements, agreements to reduce the quality of goods and the designation of an exclusive distributor are examples of common behaviour that can be carried out with prior authorisation. Even in cases where a block exemption does not apply, a vertical agreement may nevertheless be the case for an individual exemption.
The parties are entitled to carry out a self-assessment in order to verify whether the restrictive vertical agreement fulfils the conditions for an individual exemption. Like the Community competition regime, the conditions for individual exemption are as follows: (i) the agreement must contribute to the improvement of the production or distribution of goods or to the promotion of technical or economic progress; (ii) it must enable consumers to participate adequately in the benefit derived therefrom; (iii) it should not impose restrictions on the undertakings concerned: which are not indispensable for the achievement of those objectives and (iv) it should not impose on the parties restrictions which are not indispensable for the achievement of those objectives. the possibility of eliminating competition in a substantial part of the products concerned. This is not an alternative test and all the conditions for individual exemption must be met. there is no need for a formal written agreement for the entry into force of ATC 2017; the rules on vertical restraints apply in all situations where competition is monopolised, restricted or restricted. Regardless of the form of vertical restraint, the ATT in 2017 prohibits any activity that monopolizes, reduces or limits competition in a market. Where the parties lack market power or have significant market power but do not harm the general economic interest, monopolize, reduce or restrict competition and lead to unfair trade, vertical restraint may not be considered to be contrary to competition. .