Block Exemption Regulation (EU)

A block exemption regulation is a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union ( TFEU) and as such is part of the - secondary - European Community law.

By means of a block exemption regulation, certain categories of restrictive

  • Agreements between undertakings,
  • Decisions by associations of undertakings or
  • Practices between undertakings and / or associations of undertakings

Under certain, in the Regulation on certain conditions, from the ban on restrictive agreements and practices ( prohibition ) of Article 101 TFEU ( formerly Article 81 EC ) excluded. The Block Exemption Regulation specifies this binding for the affected group, the 101, paragraph 3 TFEU contained in Art, very generally held conditions under which a restrictive agreement or practice is exempt from the prohibition. Block exemption regulations are so far part of European competition law.

Scope

Block exemption regulations are in principle only for restrictive practices of importance ( ex Article 81 EC ) are covered by the European cartel prohibition of Article 101 TFEU. Block exemption regulations apply, in principle, only for

Furthermore, the individual block exemption regulations contain further restrictions on their individual scope. For example, applies the block exemption regulation for vertical agreements only for

The German Act against Restraints of Competition takes in § 2 para 2 of the ARC directly to the block exemption regulations with respect, so that the exemption regulations apply mutatis mutandis to purely German issues.

In Austria, § 3 enables antitrust law, the enactment of block exemption regulations to exclude groups from the prohibition of cartels; it can be made to the current versions of a regulation of Community law. In Austria such an ordinance has not yet been adopted.

Construction principles

Modern block exemption regulations are usually composed of

  • A detailed description of those agreements, decisions and practices that fall under the Regulation,
  • The conditions under which such agreements, decisions and practices should be exempt from the prohibition. These basically include a market share threshold. Exceeded the undertakings or associations of undertakings concerned this market share threshold, the block exemption is no longer applicable in this case.
  • A list of hardcore restrictions of competition in the benefit of the exemption from the prohibition by the Block Exemption Regulation are in any case (so-called " blacklist ")
  • The authority of the European Commission to withdraw the undertakings or associations of undertakings concerned the exemption in individual cases.

Effects

Anti-competitive agreements, decisions and practices which fall within the scope of the Block Exemption Regulation and meet all the conditions for exemption are exempt from the prohibition of Article 101 TFEU. They are in particular under Article 101, paragraph 2 TFEU ineffective and can not be punished with a fine.

Agreements, decisions and practices which are not covered by a block exemption regulation because they about already fall outside the scope of the Regulation, or that fall within its scope, but do not meet the conditions for exemption, therefore but 101 TFEU are not automatically referred to in Article forbidden. In such cases, rather must be examined in each individual case whether the prohibition requirements of Article 101 paragraph 1 TFEU are met and whether the general requirements of Article 101, paragraph 3 TFEU, under which restrictive agreements, decisions and practices from the prohibition are excluded, are given.

It is the duty of the company to check whether a behavior by Article 101, paragraph 3 is justified AEU or a block exemption. According to Article 10 of Regulation 1/ 2003, the Commission of its own motion may, however, due to the non-applicability of Article 101 to determine AEU ( formerly Article 81 EC ) on grounds of public interest. However, this finding has only declaratory and unfolds neither the Commission nor respect national competition authorities binding effect.

Maybe a company can, however, make use of the possibility of a guidance letter. The requirements of such a letter, published under C 101/ 78, the Commission in the Official Journal are, however, very narrow. Furthermore, this letter unfolds no binding effect.

In individual cases, the Commission may withdraw the benefit of a block exemption under Article 29 of Regulation 1/2003, where the agreement has effect, which is incompatible with Article 81 EC III.

Existing Regulations ( incomplete)

  • ( EU) No 1218/ 2010 of December 14, 2010 Regulation ( Specialisation )
  • Commission Regulation of 14 December 2010 ( research and development agreements ) No 1217/2010
  • Regulation No. 358/2003 of 27 February 2003 ( insurance industry )
  • Regulation No. 772/2004 of 27 April 2004 (technology transfer )
  • Regulation No. 461/2010 on 27 May 2010 ( automotive industry ) and notice with an explanation in the EU Official Journal
  • Regulation (EU) No. 330/2010 of 20 April 2010 ( vertical agreements )

In some cases, the European Commission has published the block exemption regulations notices provide guidance and interpretation assistance for the application of the relevant block exemption regulations.

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