The vertical issues are those involving different levels of the supply chain, for example through vertical integration. Co-operation between direct competitors on the same market can constitute a typical horizontal case, and the Commission seems to be particularly concerned when the parties have dominant positions on the market or dominant positions are created. This fact illustrates also that joint ventures, as an example, can be accepted when the parties are willing to submit commitments and undertake amendments to the proposed project. Arrangements between undertakings active on different geographic market have been accepted as they are not deemed to create or strengthen a dominant position on the markets. This practice facilitates co-operation for example between undertakings in different parts of Europe in the introduction of new technology.
Cases involving various levels of the supply chain are often very complex.
In the audio-visual sector such cases can involve programme makers and owners of transport infrastructure on different levels. The Commission seems to bear in mind that the operation should not create barriers to entry in any of the involved markets. In the MSG case, one of the parties would have strengthened its dominant position through the operation. It was the case with Deutsche Telekom in the German cable network market. In the Nordic Satellite Distribution case, there were several vertical aspects and the joint venture would have strengthened dominant positions in various market in the Scandinavian countries, with the creation of barriers to entry as a negative effect.