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Article 101 TFEU
Article 101(3) TFEU allows the Commission to adopt a regulation declaring that certain agreements, decisions and concerted practices* are exempt from Article 101(1) TFEU, which bans agreements and concerted practices between companies and groups of companies that may affect trade between Member States and whose purpose is to prevent, restrict or distort competition within the EU’s internal market.
The Commission may, in particular, adopt such a block exemption regulation in relation to agreements, decisions or concerted practices that concern any of the following:
Changing circumstances
Where circumstances have changed concerning any of the factors that prompted its adoption, the act may be repealed or amended. In this case there must be a transitional period to amend the agreements and concerted practices to which the earlier regulation applied before repeal or amendment.
Limited duration
Any such block exemption regulation is adopted for a specified period and applies retroactively to agreements, decisions and concerted practices that existed on the date on which the regulation entered into force.
Information and consultation
Before adopting a block exemption regulation, the Commission must publish a draft of the proposed regulation and invite all persons and organisations concerned to submit their comments within a reasonable deadline. The Commission must consult the Advisory Committee on Restrictive Practices and Dominant Positions in accordance with Regulation (EC) No 1/2003, once before publishing a draft regulation, and again after the public consultation before adopting the regulation (see summary).
It has applied since 1 July 2009. Regulation (EC) No 487/2009 codifies and repeals Regulation (EEC) No 3976/87.
For more information, see:
Council Regulation (EC) No 487/2009 of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (Codified version) (OJ L 148, 11.6.2009, pp. 1–4).
Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (formerly Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88–89).
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ L 35, 4.2.2009, pp. 47–55).
Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, pp. 1–25).
Successive amendments to Regulation (EC) No 1/2003 have been incorporated in the original text. This consolidated version is of documentary value only.
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, pp. 1–6).
See consolidated version.
last update 08.12.2021