Abstract

Looking at the treatment of vertical agreements from a historical perspective gives many insights on the evolution of Eu competition law and its main challenges. Taking the reform of 1999 as a starting point, the 2022 package is the third version of the «new generation» Vertical Block Exemption Regulation and Vertical Guidelines. The main ambition of the new package was to provide a more systematic approach to the assessment of vertical restraints in the context of the digital transformation. Moreover, the Regulation and Guidelines had to take into account the evolution of the case-law of the Court of Justice since 2010, especially on restrictions by object and, more specifically, on restrictions of online sales. This article analyses the main choices taken by the European Commission in the 2022 package, looking in particular at the structure of the Vber and the economic approach, the novelties concerning selective and exclusive distribution, the assessment of the main vertical restraints and the treatment of online intermediation platforms. Restrictions of online sales are now directly dealt with in the Vber; at the same time, there seems to be a better understanding of the importance of preserving, together with online channels, the efficient operation of brick and mortar shops. Another notable development is the clearer acknowledgement that the image of the product is a relevant competitive feature which also deserves protection within a multidimensional competitive process.