UK VABEO

Subscribe to UK VABEO via RSS
portion of trees against office buildings

Whilst not a sea of difference apart, the two regimes present notable distinctions for companies operating on both sides of the Channel to navigate.

By David Little and Alexandra Luchian

Upon its expiry on 31 May 2022, the 2010 Vertical Block Exemption Regulation was replaced by the 2022 Vertical Block Exemption Regulation (VBER) in the EU and the Vertical Agreements Block Exemption Order (VABEO) in the UK. The European Commission (EC) issued its Vertical Guidelines at the same time whilst the UK Competition and Markets Authority (CMA) published its VABEO guidance in July 2022. Both the EU VBER and the UK VABEO allowed a one-year transitional period for agreements concluded before 1 June 2022 to be brought in line with the new regimes.

With both regimes now applicable to “old” and “new” vertical agreements alike, this blog post provides an overview of the key differences between the EU VBER and the UK VABEO. It follows and updates our previous blog post which included an outline of the main similarities and differences between the draft UK VABEO and the draft EU VBER (as of September 2021).[1]

The proposals include certain notable changes, while also mirroring the current UK framework and the European Commission’s planned approach in many respects.

By David Little, Alexandra Luchian, and James Mathieson

The UK Competition and Markets Authority (CMA) has proposed replacing the retained Vertical Agreements Block Exemption Regulation (Retained VABER), which has applied in the UK following the country’s departure from the EU and will expire on 31 May 2022, with a UK Vertical Agreements Block Exemption Order (UK VABEO). The CMA’s proposals include a number of changes intended to reflect evolving market conditions and enforcement practice, and to widen the CMA’s existing powers.

Concurrently, the European Commission is consulting on the draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines, planned to enter into force in the EU at the same time as UK VABEO.

This blog post provides an overview of the key similarities and differences between (i) Retained VABER and the proposed UK VABEO, and (ii) the proposed UK VABEO and the draft EU VBER.