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Expert Analysis

The New EU Rules On Vertical Restraints

Law360 (May 7, 2010, 12:55 PM EDT) -- On April 20, 2010, the European Commission adopted a new Regulation (No 330/2010) listing the conditions under which vertical restraints are exempt from the prohibition on anti-competitive agreements (defined by Article 101(1) of the Treaty on the Functioning of the European Union, "TFEU", formerly known as Article 81(1) of the EC Treaty), as well as new Guidelines providing guidance to firms on how to self-assess the compatibility with Article 101 of vertical agreements falling outside the scope of the Regulation's safe harbor. The new rules will replace Regulation No 2790/1999 and the previous guidelines as of June 2010 and will remain in force until May 2022....

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