CCPC publishes ‘vertical agreements’ guidance
The competition watchdog has adopted a new declaration on certain types of agreements between businesses operating at different levels of a production or distribution chain.
Such agreements, known as ‘vertical agreements’, cover the conditions under which the parties may purchase, sell, or resell certain goods or services.
The Competition and Consumer Protection Watchdog (CCPC) has adopted an updated declaration and notice after a review of the 2010 versions of the documents.
The Competition Act 2002 allows the CCPC to declare in writing that a specified category of vertical agreements, decisions, or concerted practices are not prohibited by Irish competition law.
EU rules revised
The CCPC says that the documents aim to provide useful guidance for businesses on how to assess their vertical agreements and to ensure that they can use the exemption provided for by the declaration.
The review process followed a revision of the European Commission’s Vertical Block Exemption Regulation (VBER) in 2022 and was designed to ensure consistency between the EU and Irish regimes.
The CCPC declaration applies from 1 March 2023 and expire on 31 December 2034. The 2010 declaration expired on 1 March 2023.
Transitional arrangements apply for existing agreements and practices that comply with the 2010 declaration and were entered into before 1 March 2023.