Jurisdiction(s):
United Kingdom

EU VBER 2022: Key Changes and Practical Guidance on Safe Harbour, Market Shares, Dual Distribution, Online Sales Restrictions, RPM, Dual Pricing, Non-competes and Parity Clauses

Published by a LexisNexis Competition expert

Practice notes

A Block Exemption Regulation (Block Exemption) is a measure issued by the European Commission (Commission) that furnishes a legal footing for restraints which would otherwise fall foul of the ban in Article 101(1) TFEU, provided such restraints sit within that Block Exemption’s scope. Every Block Exemption rests on the assumption that any restrictive arrangement within its reach satisfies the four criteria in Article 101(3) TFEU required to obtain an individual derogation from Article 101(1) TFEU (see also, Introduction to the application of Article 101 TFEU to vertical agreements, Article 101(1) TFEU—the prohibition on restrictive agreements, and Individual exemptions under Article 101(3) TFEU). Accordingly, each Block Exemption Regulation establishes a safe harbour, shielding restrictive practices from legal challenge under Article 101 TFEU. The previous Vertical Agreement Block Exemption Regulation 330/2010 (VBER 2010), which lapsed on 31 May 2022 (as well as earlier block exemptions), have delivered, and the current Vertical Agreement Block Exemption Regulation 2022/720 delivers, welcome legal certainty, and many lawyers and their clients will continue to draft their agreements so that they meet the requirements of VBER 2022. The Commission’s experience of the functioning of VBER 2010 and the Commission’s experience of how VBER 2010 and the Commission’s experience...

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Web page updated on 21/05/2026

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