Unravelling the ECJ’s Verdict in Case C-211/22 – Super Bock: The Golden Rules to Assess Vertical Price-Fixing Agreements in EU Competition Law

Gonçalo Rosas, Inês F. Neves e Joana Fraga Nunes sign the article “Unravelling the ECJ’s Verdict in Case C-211/22 – Super Bock: The Golden Rules to Assess Vertical Price-Fixing Agreements in EU Competition Law”, recently published on Kluwer Competition Law Blog from Wolters Kluwer.

«Introduction

On 29 June 2023, the European Court of Justice (ECJ or Court) issued its judgment in case C-211/22, where it reiterates the legal framework applicable to vertical price fixing agreements under EU competition law. The focus on the need to assess the legal and economic context in which the agreement is celebrated is particularly important in qualifying a restriction of competition as a by object one. The Court emphasizes that this requirement should not be neglected.

The judgement addresses object restrictions in competition law and its impact on the interpretation of the Vertical Block Exemption Regulation (VBER) and the extent to which vertical agreements limited to the territory of a single Member State affect the internal market.

In this brief, after a summary of the main proceedings that gave rise to the reference for a preliminary ruling by the Portuguese Court of Appeal, we will focus on the Court’s findings on vertical agreements and their analysis within the framework of competition law enforcement.

As we will conclude, there are eight golden rules that represent the core of a “substance-based approach”. […]. »

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