In this issue:

On April 20, 2010 the Commission adopted a new Block Exemption Regulation applicable to vertical agreements. At the same time, it adopted the contents of accompanying Guidelines on vertical restraints. In a special two-part series, organized by Ioannis Lianos, we’re publishing nine comments. We lead off with four DG Comp experts presenting both background and a look at how these guideliness will be implemented. Yves Botteman & Kees Kuilwijk then offer a critique and suggestion, Andy Gavil compares the U.S. and EU approaches, and Greg Pelecanos analyzes the impact on motor vehicles distribution. In our second part, Liza Bellulo, Umberto Berkani, & Valerie Meunier from the Autorité in France note the influence the NCA’s had on the new design; Filippo Amato details how the new Guidelines will impact internet sales; Kyriakos Fountoukakos & Kristien Geeurickx forecast practical impacts on business operations; Paul Lugard & Theon van Dijk give the changes a mixed grade; and Ioannis Lianos reads us a retailer power story.

The New EU Approach to Vertical Agreements, Part 2

Liza Bellulo, Umberto Berkani, Valerie Meunier, Jun 30, 2010

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 Autorité de la Concurrence

NCAs experience and decisional practice were important contributors to the guidelines on and will significantly affect future enforcement of hardcore restrictions and online sales. Liza Bellulo, Umberto Berkani, & Valie Meunier, Autority de la Concurrence

Filippo Amato, Jun 30, 2010

Internet Sales and the New EU Rules on Vertical Restraints

It is therefore not surprising that the guidance concerning internet sales provided in the Guidelines constitutes the Commission’s most, if not the primary, debated novelty introduced into the law on vertical restraints. Filippo Amato, Jones Day

Kyriakos Fountoukakos, Kristien Geeurickx, Jun 30, 2010

The New Verticals Block Exemption Regulation and Guidelines – Practical Implications

The Commission has repeatedly stressed that the new rules are simply an evolution and adaptation of the previous regime, but it is ultimately the way in which businesses work with the regime in practice that will determine its success. Kyriakos Fountoukakos & Kristien Geeurickx, Herbert Smith

Paul Lugard, Theon van Dijk, Jul 07, 2010

The New EC Block Exemption for Vertical Restraints: A Step Forward and a Missed Opportunity

The new regulation and guidelines present a mixed picture. Paul Lugard (TILEC) & Theon van Dijk (Lexonomics)

Ioannis Lianos, Jul 07, 2010

New Kids on the Block: Retailer-driven Vertical Practices and the New Regulation of Vertical Restraints in EU Competition Law

To appreciate the meaning of the new regulation and guidelines, it’s necessary to understand the retailer power story. Ioannis Lianos, UCL.

The New EU Approach to Vertical Agreements, Part 1

Magdalena Brenning-Louko, Andrei Gurin, Luc Peeperkorn, Katja Viertiö, Jun 14, 2010

Vertical Agreements: New Competition Rules for the Next Decade

The competition rules embodied in these instruments are particularly important given the pervasiveness of vertical agreements. M. Brenning-Louko, Andrei Gurin, Luc Peeperkorn, & Katja Viertiö, DG Comp

Yves Botteman, Kees Jan Kuilwijk, Jun 14, 2010

(Minimum) Resale Price Maintenance Under the New Guidelines: A Critique and A Suggestion

There is scope to devise a more flexible and practical approach consistent with the concerns identified by the Commission. Yves Botteman & Kees J. Kuilwijk, Steptoe & Johnson

Andrew Gavil, Jun 14, 2010

Resale Price Maintenance in the Post-Leegin World: A Comparative Look at Recent Developments in the United States and European Union

For the moment, that attention has led to a decidedly more permissive view of RPM in the United States, and a somewhat more permissive view in Europe. Andrew Gavil, Howard University School of Law

Gregory Pelecanos, Jun 14, 2010

Europe’s Reform of the Regulatory Framework of Motor Vehicle Distribution

Our emphasis is on whether certain unintended consequences of Reg. 1400/02 have been remedied for the short term in the primary market and whether certain structural problems of the aftermarket have been adequately dealt with. Gregory Pelecanos, Ballas, Pelecanos & Associates