• the parties must conclude a vertical agreement (see below); If the vertical agreement does not meet the above criteria, it will not benefit from the VABE, but it is not necessarily followed that the agreement is automatically invalid or unenforceable. The following restrictions in a vertical agreement will not benefit from the SAFE HARBOUR under the VABER, although the rest of the agreement remains covered by the Safe Harbour (provided it meets all the relevant criteria): the category of agreements that can be assumed to normally meet the conditions laid down in Article 101, paragraph 3 of the Treaty, includes vertical agreements concerning the purchase or sale of goods or services where such agreements are concluded between non-competing undertakings, between certain competitors or by certain associations of retailers of goods. These include vertical agreements that contain additional provisions on the assignment or use of intellectual property rights. The term `vertical agreements` should include the corresponding concerted practices. 5. This Regulation shall not apply to vertical agreements the subject matter of which falls within the scope of another Block Exemption Regulation, unless otherwise provided for in such a Regulation. 3. By way of derogation from point (b) of paragraph 1, the exemption provided for in Article 2 shall apply to any direct or indirect obligation which leads the buyer not to manufacture, buy, sell or resell goods or services after the termination of the contract, if the following conditions are met: However, where the agreement is covered by the prohibition, the parties shall continue to verify whether the benefits of the agreement justify the imposition of such restrictions of competition. d if the agreement meets the following individual exemption criteria: vertical agreements which meet the vertical agreement block exemption criteria (VABE) are exempted from the prohibition of anti-competitive agreements referred to in Article 101 of the Treaty on the Functioning of the European Union (`the prohibition`).
However, the rules applicable to dominant undertakings continue to apply. The limitation of market share, the absence of exemption from certain vertical agreements and the conditions laid down in this Regulation generally ensure that the agreements covered by the block exemption do not allow the parties to eliminate competition in respect of a substantial part of the products concerned. On 23 October 2020, the European Commission published an impact assessment for consultation, which examined possible policy options for a revision of Regulation (EC) No 330/2010, the Vertical Agreement Block Exemption Regulation (VABE). . . .