From 1 May 2004, after the Council Regulation (EC) No. 1/2003 came into force, the possibility of notifying the ILO of an agreement is limited to cases of purely local interest (i.e. where the practice should not affect trade between Member States). In particular, the ILO has not taken any decisions in the last 14 years after the notification of a vertical agreement. The court may seek assistance from the ILO to determine the amount of the damage. In principle, both non-parties can bring appeals against agreements with vertical restrictions as well as the parties themselves. Under article 140 bis of the Consumer Code (Law 206/2005), group actions are also permitted according to an opt-in model: the action can be brought by consumers, individually or through associations in which they violate or committees in which they participate. Now, the agreement does not mean that all endings must be the same. To what extent does antitrust legislation apply to vertical restrictions in agreements made by public bodies? National rules do not contain a definition of the agreement. Under Article 2, paragraph 3, Of Act 287/90, prohibited agreements are cancelled and are therefore unenforceable. The IAA will also examine market positions and the behaviour of other suppliers and verify whether Denern`s restrictions are widespread in the market. Thus, in I757 (Obstacles to access the market by a new mobile operator), the IAA analysed the potentially exclusive effects resulting from the existence of similar clauses in agreements with multi-brand operators concluded by two mobile operators (Telecom and Wind) and which hold an overall market share of more than 50%.
Similarly, in I702 (representatives of a company), the IAA analyzed the provisions of the provisions of the major insurance companies (which account for more than 80% of the market) and their respective agent networks, in order to determine whether they resulted in a cumulative effect of the silos. Both proceedings ended with the acceptance of commitments. Until recently, the ILO focused all its efforts on horizontal practices and abuse of dominance. Investigations initiated over the past ten years under vertical agreements represent a minimum percentage of all cases. The statement concludes by saying that “ASGI, ASF and FTDES have therefore requested access to the content of the agreement in order to carry out an analysis of its legitimacy and to imagine future scenarios with regard to [its] impact on human rights.” Does the request for a vertical restriction agreement require a formal agreement to be concluded in writing or can the relevant rules be reached through an informal or unwritten agreement? In the case of I558 (Pirelli tyres – reseller) (closed in 2003), the IAA found that: that an agreement between a tyre manufacturer (with a market share of 20%) and some of its resellers, who required them to acquire a percentage (confidential but greater than 30%) Pirelli, did not significantly limit competition, as it did not include territorial restrictions and allowed resellers to acquire the remaining portion of their requirements from competing suppliers. In addition, the FAA found that agreements by other suppliers did not contain similar clauses and therefore there was no cumulative lockout effect.