Old system could function Sample Clauses

Old system could function. In view of the goals formulated by the Commission, the only feasible alternative is to maintain the assessment of vertical distribution agreements under the heading of Article 81. This may be a wise option. There is nothing inherent in the Article to render it not suitable for the assessment of vertical distribution agreements. On the other hand, the Article provides what is needed to assess vertical distribution agreement – a clear balancing test between an agreement’s pro- and anti-competitive features. In place of far-reaching changes, the Commission has concentrated on a revision of the rules implementing Article 81. A new wide Block Exemption is adapted, and notification has become less important. Both steps make the distinction between an agreement that infringes Article 81 or one which does not, less important. Firstly, agreements which previously needed to be individually exempted if they fell under Article 81(1) will now automatically be exempted by the Block Exemption. Secondly, notification is no longer compulsory, with the result that agreements can be exempted individually ex-post if undertakings miscalculate the scope of Article 81(1). The new rules will mitigate most of the disadvantages present in the old system and open up the way for Article 81 to function as initially intended. Furthermore, the option for change does not render the old case law useless. Preferably, principles that have taken years for the Community Courts to established are still relevant and will serve as assistance for business. In formulating the new policy and constructing the new Block Exemption, the Commission has clearly considered the steps taken by the Community Courts under Article 81(1). The new approach can in different ways be seen as a codification of the developments by the Community Courts in relation to Article 81(1), but extended to involve Article 81(3). For example, the black clauses in the Block Exemption can be seen as signifying restrictions by object. Agreements which contain these clauses are prohibited without further investigation. In principle, for the rest of the agreements individual effect analysis must take place. This is an impossible task for all competition policies. A presumption is therefore granted – agreement between parties who do not enjoy market power are presumed compatible with Article 81(3).