Delchev & Partners

• Article 6 concerns specialisation agreements;

• Article 7 concerns research and development agreements;

• Article 8 concerns technology transfer agreements.

• Article 4(1)-(4) of Decision 24/11.01.2024 provides for the following:

• Article 4(1): agreements that fall within the scope of the concept of “vertical agreements” within the meaning of Article 1(1)(a) of Regulation 2022/720 and do not affect trade between EU Member States within the meaning of Article 3(1) of Regulation 1/2003 shall be deemed to be exempted from the prohibition under Article 15(1) of PCA where they meet the conditions under Article 2(1), (3)-(7), as well as Article 3, in conjunction with Article 8 of Regulation 2022/720;

• Article 4(2): vertical agreements concluded between an association of undertakings and an individual member or between such an association and an individual supplier within the meaning of Article 2(1) of Regulation 2022/720 shall be deemed to be exempted from the prohibition under Article 15(1) of PCA only if all its members are retailers of goods and if no individual member of the association, together with its affiliated undertakings, has an annual turnover exceeding EUR 3.58 million, determined in accordance with Article 9 of Regulation 2022/720;

• Article 4(3): the exemption from the prohibition under Article 15(1) of PCA does not apply to agreements containing restrictions that eliminate the benefits of the block exemption (hardcore restrictions), as referred to in Article 4 of Regulation 2022/720;

• Article 4(4): the exemption from the prohibition under Article 15(1) of PCA does not apply to obligations contained in vertical agreements as referred to in Article 5 of Regulation 2022/720.

• Article 5(1)-(2) of Decision 24/11.01.2024 provides the following:

Article 5(1): agreements relating to the conditions under which the parties may purchase, sell or resell spare parts for motor vehicles or to provide repair and maintenance services for motor vehicles, which fall within the concept of “vertical agreements” within the meaning of Article 1(1)(a) of Regulation 461/2010 and do not affect trade between EU Member States within the meaning of Article 3(1) of Regulation 1/2003, shall be deemed to be exempted from the prohibition under Article 15(1) of PCA, where they meet the conditions under Article 4 of Regulation 461/2010;