European Union: Consultation on draft revised Vertical Block Exemption Regulation and Vertical Guidelines closed

On 17 September 2021, the consultation on the draft of the revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines closed. It was opened on 9 July 2021, when the European Commission first published the draft which aims to better tackle competition issues arising from digital business models. The definition of "suppliers" in Article 1(1)(d) of VBER was amended to include platforms and online intermediaries. Furthermore, the calculation of market share for platforms and online intermediaries that are defined as "suppliers" in the sense of the draft VBER, will consider both the online intermediary market where the "suppliers" are active and the local market where the transaction takes place. The draft will also specify how vertical agreements are to be defined in the digital markets under Article 2(6) draft VBER and include a new differentiation between object and effect restrictions. Finally, the draft goes more in-depth about online sales in Article 4(b) to (d) of the draft VBER, which means that suppliers can now set quality requirements for online sales and online advertising, among other measures. The current VBER will expire on 31 May 2022.