Приклади вживання Vertical agreements Англійська мовою та їх переклад на Українською
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The exemption provided for inparagraph 1 shall not apply to vertical agreements entered into between competing undertakings.
It establishes a legal basis for determining the vertical restraints that can be used in the implementation of vertical agreements.
In addition, Regulation assumes the block of exemptions for vertical agreements, even if they fall within restrictions of Article 101.
(6) Certain types of vertical agreements can improve economic efficiency within a chain of production or distribution by facilitating better coordination between the participating undertakings.
The regulation of coordinated actions of business entities, the so-called“vertical agreements”, required special significant review.
This Regulation shall not apply to vertical agreements the subject matter of which falls within the scope of any other block exemption regulation, unless otherwise provided for in such a regulation.
The AMCU providedquite clear explanations bringing the regulation of vertical agreements to the basic rules of the EU in the field.
Since the issues of admissibility of certain vertical agreements requires urgent solution, it is necessary to accelerate implementation of said Regulation by adoption of the relevant laws and regulations.
(4) For the application of Article 101(3) of the Treaty by regulation,it is not necessary to define those vertical agreements which are capable of falling within Article 101(1) of the Treaty.
(10) This Regulation should not exempt vertical agreements containing restrictions which are likely to restrict competition and harm consumers or which are not indispensable to the attainment of the efficiency-enhancing effects.
Now, in many areas of business there is a situation when business entitiesdo not have confidence in the lawfulness of some of their vertical agreements, including distribution agreements. .
The benefit of the Block Exemption is limited to Vertical Agreements for which it can be assumed with sufficient certainty that they satisfy the conditions of Article 101(1) TFEU.
Commission Regulation(EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3)of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector.
The exemption provided for in Article 2 shall not apply to vertical agreements which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have as their object:.
Pursuant to Article 1a of Regulation No 19/65/EEC, the Commission may by regulation declare that, where parallel networks of similar vertical restraints cover more than 50% of a relevant market,this Regulation shall not apply to vertical agreements containing specific restraints relating to that market.
(5) The benefit of the block exemptionestablished by this Regulation should be limited to vertical agreements for which it can be assumed with sufficient certainty that they satisfy the conditions of Article 101(3) of the Treaty.
The positive impact of changes in the law in respect of anti-competitive agreements, according to Mr. Zakharov, are the separation of anti-competitive agreements and concerted anti-competitive actions,the liberalization of vertical agreements regulation and the development of techniques to interpret legislation.
It can be presumedthat, where the share of the relevant market accounted for by the supplier does not exceed 30%, vertical agreements which do not contain certain types of severely anti-competitive restraints generally lead to an improvement in production or distribution and allow consumers a fair share of the resulting benefits.
In particular, vertical agreements containing certain types of severe restrictions of competition such as minimum and fixed resale-prices, as well as certain types of territorial protection, should be excluded from the benefit of the block exemption established by this Regulation irrespective of the market share of the undertakings concerned.
It is worth to mention that the service rendering agreements between the manufacturer andthe entity that carries out the further sale of the manufacturer's goods(so-called vertical agreements) are deemed as risky not only in Ukraine, but also in other countries, in particular in the European Union countries.
(16) In order to strengthen supervision of parallel networks of vertical agreements which have similar anti-competitive effects and which cover more than 50% of a given market, the Commission may by regulation declare this Regulation inapplicable to vertical agreements containing specific restraints relating to the market concerned, thereby restoring the full application of Article 101 of the Treaty to such agreements, .
(15) In determining whether the benefit of this Regulation should be withdrawn pursuant to Article 29 of Regulation(EC) No 1/2003,the anti-competitive effects that may derive from the existence of parallel networks of vertical agreements that have similar effects which significantly restrict access to a relevant market or competition therein are of particular importance.
It should be noted that RegulationNo. 330/2010 envisages that certain types of vertical agreements potentially contribute to increase of economic efficiency in the chain of production and distribution by facilitating coordination between the participating business entities, especially those resulting in a reduction of operating expenses of the parties, optimization and distribution of sales, increase of the level of investment.
(3) The category of agreements which can be regarded as normally satisfying the conditions laid down in Article 101(3)of the Treaty includes vertical agreements for the purchase or sale of goods or services where those agreements are concluded between non-competing undertakings, between certain competitors or by certain associations of retailers of goods.
If the market share in the relevantmarket of each of the parties to the agreement does not exceed 30% and the vertical agreement does not contain the appropriate types of severe restrictions of competition, such an agreement generally leads to improvement of production and(or) distribution and offers consumers a fair share of the resulting benefits.
If the market sharein the relevant market of each of the parties to the agreement does not exceed 30% and the vertical agreement does not contain the appropriate types of severe restrictions of competition, such an agreement generally leads to improvement of production and(or) distribution and offers consumers a fair share of the resulting benefits.
However, it shall applywhere competing undertakings enter into a non-reciprocal vertical agreement and:.
For the purpose of calculating total annual turnover within the meaning of Article 2(2),the turnover achieved during the previous financial year by the relevant party to the vertical agreement and the turnover achieved by its connected undertakings in respect of all goods and services, excluding all taxes and other duties.
In fact, there are two basic requirements for vertical agreement not to fall under Article 101(1):(a) the market shares of both the supplier and the buyer shall not exceed 30% of the relevant commodity market, and(b) the agreement must not include the so-called restrictions.
Horizontal and vertical commercial agreements.