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September 5, 2010 - Brussels: 4:03 PM

to the table of contents of Commission Regulation (EC) No 1400-2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sectorDisclaimer
 
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Article 6
 
 Text of the act(Considered status of legislation: 1. April 2008)
Withdrawal of the benefit of the Regulation
1. The Commission may withdraw the benefit of this Regulation, pursuant to Article 7(1) of Regulation No 19/65/EEC, where it finds in any particular case that vertical agreements to which this Regulation applies nevertheless have effects which are incompatible with the conditions laid down in Article 81(3) of the Treaty, and in particular:
(a) where access to the relevant market or competition therein is significantly restricted by the cumulative effect of parallel networks of similar vertical restraints implemented by competing suppliers or buyers, or
(b) where competition is restricted on a market where one supplier is not exposed to effective competition from other suppliers, or
(c) where prices or conditions of supply for contract goods or for corresponding goods differ substantially between geographic markets, or
(d) where discriminatory prices or sales conditions are applied within a geographic market.
2. Where in any particular case vertical agreements to which the exemption applies have effects incompatible with the conditions laid down in Article 81(3) of the Treaty in the territory of a Member State, or in a part thereof, which has all the characteristics of a distinct geographic market, the relevant authority of that Member State may withdraw the benefit of application of this Regulation in respect of that territory, under the same conditions as those provided in paragraph 1.
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 Legal Commentary of Section 6 Commission Regulation (EC) No 1400-2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector

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