3. The exemption provided for in paragraph 1 shall apply to vertical agreements which contain provisions relating to the transfer by the buyer of intellectual property rights or the use of intellectual property rights by the buyer, provided that those provisions do not constitute the main subject matter of such agreements and are directly related to the use, sale or resale of goods or services by the buyer or its customers. The exemption shall apply provided that those provisions do not contain, as regards contract goods or services, restrictions of competition having the same purpose as vertical restraints which are not exempted under this Regulation. If the agreement contains an “excluded restriction” (see below), the derogation granted by the VABE does not apply to that specific restriction. Nevertheless, the rest of the agreement may continue to benefit from the VABE, provided that the above conditions are met and that the restriction in question can be separated from the rest of the agreement. If the restriction is not separable, the agreement as a whole will not benefit from the automatic vabe exemption. A vertical agreement is covered by this Regulation if neither the supplier nor the buyer of the goods or services has a market share exceeding 30%. For the supplier, its market share in the relevant delivery market, that is to say.dem the market on which it sells the goods or services, is decisive for the application of the block exemption. For the buyer, his market share on the relevant purchase market, that is to say, .dem market on which he purchases the goods or services, is decisive for the application of the Regulation. However, if the agreement is covered by the prohibition, the parties must continue to verify whether the benefits of the agreement justify the imposition of such restrictions of competition and whether the agreement meets the criteria for individual exemption, as set out below: Introduction The recent decision of the Turkish Competition Authority (“Chamber”) of 26.03.2020, numbered 20-16/232-113, with regard to Baymak Makina San ve. A.Ş (“Baymak”) has an important meaning, as it contains a detailed analysis of many types of vertical restraint. Context Baymak is a (…) This exemption shall apply in so far as such agreements include vertical restraints. Vertical agreements are agreements between companies operating at different levels of the production or distribution chain, for example.
B an agreement between a producer and a distributor. Under existing EU law, companies must themselves assess the compliance of their vertical agreements with EU competition law, which prohibits agreements restricting competition in accordance with Article 101(1) TF. The VDC exempts certain types of agreements from the prohibition in Article 101(1) if certain conditions are met, and thus gives undertakings the certainty that their agreement complies with UNION competition law. . . .