91997E3877

WRITTEN QUESTION E-3877/97 by Amedeo Amadeo (NI) to the Commission (5 December 1997)

Subject: Vertical restraints in competition policy

The Commission's Green Paper on vertical restraints in EC competition policy (COM(96) 721 final) examines the current economic and legal situation with regard to vertical restraints and the findings of a survey on the subject. It also deals with the issue of market integration and questions more closely linked with competition.

Will the Commission provide clarification and ensure coordination with its communication on agreements of lesser importance (COM(96) 722 final) and the options set out in the Green Paper, particularly option IV, which provides for a rebuttable presumption of compatibility with Article 85 for a market share of less than 20%?

Answer given by Mr Van Miert on behalf of the Commission (28 January 1998)

On 22 January 1997 the Commission adopted a green paper on vertical restraints in Community competition policy. The aim of the green paper is to undertake a fundamental review of policy towards vertical restraints. It also launched a wide ranging consultation exercise by requesting written comments from interested parties by 31 July 1997. This exercise involved the Commission in numerous presentations, speeches and meetings with interested bodies. On 18 July 1997 the Parliament adopted a Resolution on the green paper. Opinions were also adopted by the Economic and social committee and the Committee of the regions on 9 July 1997 and 12 June 1997 respectively. The consultation exercise culminated on 6 and 7 October 1997 with a hearing, at which representatives of industry, interested organisations, the Parliament, the Economic and social committee and Member States were present. The Commission is in the process of formulating its own position in reaction to the information, submissions and opinions received during the consultation exercise.

The green paper contains a number of possible options for the future thrust of policy towards vertical restraints. However these options are not exhaustive and a number of other possible options arose during the consultation process.

The Commission notes the similarities between the negative clearance presumption in option IV of the green paper and the concept of 'de minimis' as defined in the notice of the Commission relating to the revision of the notice of 3 September 1986 on agreements of minor importance which are not caught by the provisions of Article 85(1) of the EC Treaty ((COM(96) 722 final. )).

It is as yet too early to comment on the outcome of the green paper, but the Commission notes the need for co-ordination between the Commission's notice on agreements of minor importance, and any future policy proposal in this area.