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<p><OrderedList><ListItem><ItemNumber>1.</ItemNumber><ItemContent><p>In assessing whether a company holds a dominant position, the relevant market must be defined. The specific definition of the relevant market as well as whether a company has a dominant position in the market relies on a competition-based discretion.</p></ItemContent></ListItem><ListItem><ItemNumber>2.</ItemNumber><ItemContent><p>It is incumbent upon the competition authorities to gather the information necessary to make these discretionary assessments. Which information needs to be gathered must be determined on a case-by-case basis, as this depends on, among other things, the specific circumstances of the case, including its progression and the behaviour of the parties involved.</p></ItemContent></ListItem><ListItem><ItemNumber>3.</ItemNumber><ItemContent><p>When an agreement objectively contains great potential for anti-competitive effects (here: absolute territorial protection combined with its nature in the given market context), it is unnecessary to demonstrate actual harmful effects.</p></ItemContent></ListItem><ListItem><ItemNumber>4.</ItemNumber><ItemContent><p>When a party to an agreement holds 100% market share in the relevant market, the agreement is not covered by the vertical block exemption (Art. 3 of the block exemption regulation).</p></ItemContent></ListItem><ListItem><ItemNumber>5.</ItemNumber><ItemContent><p>Moreover, an agreement between a supplier and a buyer, stipulating that the buyer may not engage in passive sales into an exclusive territory assigned by the supplier to another buyer, is not exempt under the block exemption regulation.</p></ItemContent></ListItem></OrderedList></p><p>[…]</p>

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“Deutz”

  • 期刊论文

  • 发表日期：

    2025年11月1日

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摘要

1.

In assessing whether a company holds a dominant position, the relevant market must be defined. The specific definition of the relevant market as well as whether a company has a dominant position in the market relies on a competition-based discretion.

2.

It is incumbent upon the competition authorities to gather the information necessary to make these discretionary assessments. Which information needs to be gathered must be determined on a case-by-case basis, as this depends on, among other things, the specific circumstances of the case, including its progression and the behaviour of the parties involved.

3.

When an agreement objectively contains great potential for anti-competitive effects (here: absolute territorial protection combined with its nature in the given market context), it is unnecessary to demonstrate actual harmful effects.

4.

When a party to an agreement holds 100% market share in the relevant market, the agreement is not covered by the vertical block exemption (Art. 3 of the block exemption regulation).

5.

Moreover, an agreement between a supplier and a buyer, stipulating that the buyer may not engage in passive sales into an exclusive territory assigned by the supplier to another buyer, is not exempt under the block exemption regulation.

[…]