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ARTICLE · 18 OCTOBER 2021

German Authorities' Joint Position On New EU VBER Draft

Bird & Bird
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As we have previously reported, on 9 July 2021 the EU Commission published its long-awaited draft vertical block exemption regulation and accompanying guidelines.

GermanyAntitrust/Competition Law
Stephan Waldheim
Stephan Waldheim
Maren Steiert
Maren Steiert
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As we have previously reported (see our August Competitive Edge edition here), on 9 July 2021 the EU Commission published its long-awaited draft vertical block exemption regulation ("Draft VBER") and accompanying guidelines ("Draft Guidelines"). Now the German Federal Cartel Office ("FCO") and the Federal Ministry of Economic Affairs and Energy ("FMEE") have published a joint position paper ("PP") commenting on the Draft VBER and proposing some significant changes to the current state of play. Read on for our summary of the most important proposals of the PP.

Online platforms

The current Draft VBER covers restrictions involving "pure" online platforms. "Hybrid" platforms are denied the benefit of block exemption. The PP suggests excluding all vertical agreements involving online platforms, including pure online intermediary services, from block exemption. The PP argues that the effects restrictions involving online platforms (both pure and hybrid) may have on

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