The New EU Verticals Block Exemption Regulation and Guidelines

Originally published April 20, 2010

Earlier today, the European Commission finally adopted the new Block Exemption Regulation on Vertical Restraints¹ (the "new VBER") and accompanying Guidelines,² (the "new Guidelines").

This followed a very lengthy, high-level and public debate, which has only intensified since the Commission put its draft Block Exemption Regulation (the "draft VBER") and accompanying Guidelines (the "draft Guidelines") to public consultation in July 2009.³ After another 6 months of extensive discussion, revision of the text, and various last-ditch attempts by interested parties representing diverging views to persuade Commission officials (up to and including last week), the final text has finally been approved by the College of Commissioners, and is due to come into force on 1 June 2010.