WRITTEN QUESTION No. 3878/97 by Amedeo AMADEO to the Commission. Vertical restraints in competition policy
Date: 1997-12-05
Institutions: AMADEO, European Parliament
Subjects: competition policy, distributive trades, restriction on competition, trade restriction, vertical agreement

C 174/150

EN

Official Journal of the European Communities

8. 6. 98

The green paper contains a number of possible options for the future thrust of policy towards vertical restraints.
However these options are not exhaustive and a number of other possible options arose during the consultation
process.

The Commission notes the similarities between the negative clearance presumption in option IV of the green
paper and the concept of (cid:145)de minimis(cid:146) as defined in the notice of the Commission relating to the revision of the
notice of 3 September 1986 on agreements of minor importance which are not caught by the provisions of Article
85(1) of the EC Treaty (1).

It is as yet too early to comment on the outcome of the green paper, but the Commission notes the need for
co-ordination  between  the  Commission(cid:146)s  notice  on  agreements  of  minor  importance,  and  any  future  policy
proposal in this area.

(1)  COM(96) 722 final.

(98/C 174/224)

WRITTEN QUESTION E-3878/97

by Amedeo Amadeo (NI) to the Commission

(5 December 1997)

Subject: Vertical restraints in competition policy

With  reference  to  the  Green  Paper  on  vertical  restraints  in  EC  competition  policy  (COM(96)  721  final),  the
system of category exemptions based on forms of distribution is too rigid and fails to cover forms of distribution
which are dynamic adjustments to changing market conditions.

Will the Commission review the existing category exemption regulations, which are undoubtedly too rigid and
often difficult to interpret, with a view to making them more flexible?

Answer given by Mr Van Miert on behalf of the Commission

(14 January 1998)

The Commission refers the Honourable Member to its answer to his previous written question E-3877/97 (1).

The Commission can confirm to the Honourable Member that as part of its overall review of policy on vertical
restraints it is also reviewing the existing category exemption regulations other than Commission Regulation
(EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the EC Treaty to certain categories of
motor vehicle distribution and servicing agreements (2).

The concept of making the existing category exemption regulations more flexible is one of the possible policy
options discussed in paragraphs 282 to 285 of the green paper on vertical restraints in EC competition policy. It is
as yet too early to comment on the outcome of the green paper, as the Commission is currently in the process of
formulating its own position in reaction to all the information, submissions and opinions received during the
consultation exercise. Therefore, the Commission is not in a position at this stage to say whether or not it will
propose that these category exemptions be made more flexible. The Commission hopes to be in a position to
clarify its policy position during 1998.

(1)  See page 149.
(2)  OJ L 145, 29.6.1995.