3. The exemption in paragraph 1 applies to vertical agreements that contain provisions relating to the transfer of intellectual property rights to the purchaser or the purchaser`s use of intellectual property rights, provided that these provisions are not the main purpose of these agreements and are directly related to the use, sale or resale of goods or services by the purchaser or his or her customers. The exemption applies provided that these provisions do not contain, for contractual goods or services, competition restrictions with the same purpose as vertical restrictions that are not exempt under this Regulation. Data sharing is a good example. Data has become an increasingly important contribution to the market and many companies need quick access to this data. However, the vertical guidelines do not provide guidelines for the flow of information between different levels of the distribution chain. For example, commodity producers typically need to record their distributors` sales forecasts in order to optimize their production planning. These manufacturers may also be required to inform their distributors on a regular basis in advance of the planned maintenance of the facilities in order to enable distributors and their customers to find, if necessary, alternative sources of supply in the gas sector. However, the same manufacturers sometimes sell their products directly to customers, in competition with their distributors (“double distribution”).
The exchange of information is also important for the collection of information from downstream parties, including retailers.B. The need for guidance therefore seems clear. It will be important for the Commission, in the development of these new sections, to ensure that its position is consistent with all the changes it intends to make to its guidelines on horizontal cooperation agreements and related category exemptions for which it is conducting a similar assessment. “vertical agreement,” a concerted agreement or behaviour between two or more companies, each of which operates at another level of the production or distribution chain for the purposes of the agreement or concerted practice, and refers to the conditions under which parties can buy, sell or resell certain goods or services; 4.1 Please describe and comment on anything in your jurisdiction (or not covered above) with respect to vertical agreements and dominant companies.