Introduction

The increasing volume of sales passing over the Internet, as well as the mounting number of cross-border transactions in the European Union has caused the European Commission (hereinafter the “Commission”) to adopt a new amended regulation, i.e. Regulation no. 330/2010 dated April 20, 2010, in force since June 1, 2010, regarding block exemptions of agreements concluded between suppliers and distributors for the sale of products and services (hereinafter the “New Regulation”). This New Regulation has replaced former law in the field, i.e. Regulation no. 2790/1999, expiring on May 31, 2010, which has been in force for the last decade.

“Vertical” agreements regarding supply and distribution agreements entered into between companies operating at different levels of the production and distribution chain as, for instance, agreements concluded between suppliers and wholesalers or retailers, are increasingly used in Internet sales, as well as in cross-border transactions among Member States of the EU. Since the number of such “vertical” agreements in the economy is extremely high, the amendment of the applicable regulations in the field is of some consequence to economic entities active on the EU market. It is the Commission’s view that a clear and predictable implementation of the competition rules to supply and distribution agreements is essential for the competitiveness of the EU economy and for the general welfare of consumers. Distributors should be free to satisfy consumer demand, whether in traditional “brick and mortar” stores or in online shops. Moreover, the New Regulation should ensure that consumers can buy goods and services at the best available prices wherever they are located in the EU with greater choice and price competition. This article focuses on the main amendments and improvements of the New Regulation.

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