What is the structure of the verticals regime (old and new)?
The new block exemption is the second block exemption to cover vertical agreements generally. The original block exemption, implemented in 2000, introduced a regime based upon automatic exemption for restrictive agreements where (i) market share thresholds were not exceeded and (ii) a limited black list of restrictions were not infringed (price-fixing/export bans etc). Agreements which exceed market share thresholds, but do not contain black-listed restrictions, are not automatically prohibited. They simply fail to obtain automatic or “block” exemption and require analysis on an individual basis to see if they remain exemptible. The 2000 regime also set out, in detailed guidelines which have proved useful for the analysis of supply agreements, a flexible approach to assess restrictions for companies which fell outside the market share thresholds, but did not infringe the black list. Again, the structure of this regime is retained, but with a significant number of key changes and refine
