Updates & Corrigenda

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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:

Update | p. 30

Page: 030 Chapter: 2. Conduct of undertakings Chart Number: C13 Chart Title: Hardcore restrictions

New terminology by the Commission requires this Chart to be amended at several points:

 

The Chart’s title must (newly) read:

Restrictions of competition “by object”

 

The topic sentence must read:

Where a conduct is characterised as a _ restriction of competition “by object”, it will not be exempt under the de minimis rule even if the undertakings concerned do not reach the relevant thresholds.

 

The box in the 2nd row must read:

Commission Notice on agreements of minor importance (2014):
The de minimis rule does not apply where an agreement contains _ restrictions of competition “by object”.

 

The box in the 3rd row must read:

_ Restrictions “by object”:
Distinction between relevant clauses according to the type of agreement

 

The box in the 6th row, on the left hand side, relating to vertical agreements, must read:

  • Price fixing;
  • Market sharing;
  • Limitation of output or sales;
  • Bid rigging;
  • Collective boycotts;
  • Information sharing;
  • Restrictions on carrying out R&D or using own technology.

 

The box in the 6th row, on the right hand side, relating to vertical agreements, must read:

  • Sales restrictions on buyers;
  • Sales restrictions on licensees;
  • Sales restrictions on the supplier;
  • Resale price maintenance.

 

The text in the box in the very last row, entitled “Note”, must read:

Notes:

  • The previous De Minimis Notice (2001) used the term “hardcore restrictions”.
  • Hardcore restrictions are also relevant in the context of block exemptions, ; see Chart C17.
Published: 23 August 2014