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ARTICLE · 05 JULY 2021

Replacing The Vertical Agreements Block Exemption: Introducing The UK VABEO

Walker Morris
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On 17 June 2021, the UK Competition and Markets Authority (CMA) launched a consultation on its proposals for the replacement of the retained Vertical Agreements Block Exemption Regulation (VBER) in the UK, ...

United KingdomAntitrust/Competition Law
Trudy Feaster-Gee
Trudy Feaster-Gee
Sarah Ward
Sarah Ward
Jack Gale
Jack Gale

On 17 June 2021, the UK Competition and Markets Authority (CMA) launched a consultation on its proposals for the replacement of the retained Vertical Agreements Block Exemption Regulation (VBER) in the UK, following its expiry in May 20221. The consultation document published with the announcement provides an overview of the CMA's plans.

The core proposal is to replace the retained block exemption upon expiry with a new UK Vertical Agreements Block Exemption Order (VABEO), which will be "tailored to the needs of businesses operating in the UK and UK consumers". This will include a handful of specific and impactful changes (detailed below), though the VABEO will retain much of the structure of the existing VBER. The CMA has also confirmed that it intends to prepare guidance notes to accompany the VABEO (the Guidance), similar to the European Commission's vertical guidelines2. It anticipates that the VABEO will expire after six years, and that a one-year transition

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