2020 TSMA

35 where the Commission is evaluating will since October 2018, whether such Regu- lation should be prolonged, revised or allowed to lapse. The overarching legislative framework of VBER is Article 101 of the Treaty on the Functioning of the European Union (“TFEU”), which in short exempts certain agreements and practices from the EU’s general competition rules. VBER 2010 will expire on 31 May 2022. It also prohib- its agreements and concerted practices between undertakings, that unduly restrict competition, unless the procompetitive effects of such practices outweighed the anti-competitive effects. This includes also vertical agreements and practices be- tween commercial operators, who are part of different levels of the production and/ or distribution chain. VBER 2010, which applies in all EU Member States of the Euro- pean Union and in the European Economic Area, contains more specific rules what is permissible or not under this regulatory framework including the listing of several hard-core competition law violations. © istock/artJazz