The new Regulation (EU) No 330/2010 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 is published in the Official Journal. It repeals the old Regulation (EC) No 2790/1999.
The regulation determines the category of agreements which can be regarded as normally satisfying the conditions laid down in Article 101(3) TFEU (old article 81 TEC). These agreements include 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. It also includes vertical agreements containing ancillary provisions on the assignment or use of intellectual property rights.