Law (2008:581) If The Block Exemption For Vertical Anticompetitive Agreements

Original Language Title: Lag (2008:581) om gruppundantag för vertikala konkurrensbegränsande avtal

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:581

section 1 of this Act apply to contracts concluded between two or

several companies which, within the framework of the agreement, is active in

various stages of a production or distribution chain, and which

refers to the conditions under which the parties may purchase, sell or

resale of certain goods or services (vertical

Agreement).



The provision in Chapter 1. section 6 of the Competition Act (2008:579) shall also

apply to agreements under this Act.



section 2 Under the conditions laid down in paragraph 3 of the terms of such

vertical agreements containing restrictions on competition

(vertical restraints), and covered by Chapter 2. 1 §

Competition Act (2008:579) derogation from the prohibition provided for in the same

section against such agreements. Exception applies, however, only for

such categories of agreements that fulfil the conditions for

exceptions in Chapter 2. section 2 of the competition act.



Of Chapter 2. paragraph 3 of the Competition Act, it follows that the FCA can

decide that an individual agreement, which as a result of a

block exemption under this Act is exempt from the prohibition in 2

Cape. paragraph 1 of the same law, should not be covered by the exemption if the agreement

have effects which are incompatible with Chapter 2. section 2 of the competition act.



section 3 of the terms of the agreements apply the provisions of

Commission Regulation (EU) No 330/2010 of 20 april

2010 on the application of article 101(3) of the Treaty on

The functioning of the European Union to categories of vertical

agreements and concerted practices in the same manner, with

exception of articles 2(1), 6, 9 and 10. However, in the

Article 1 (b) and (h) "article 101(1) of the Treaty" and in

Article 2(2) "article 101 of the Treaty ' shall be replaced by ' chapter 2.

section 1 of the Competition Act (2008:579) ". Furthermore, references

the exemption provided for in article 2 shall refer to section 2 in conjunction with § 1.

Law (2010:1353).



Transitional provisions



2010:1353



1. this law shall enter into force on 1 January 2011.



2. Older regulations apply to the end of May 2011 for

agreements which were in force on 1 January 2011. Older

regulations does not apply to agreements which at the

time to meet the conditions for exemption under the

new regulations.