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September 5, 2010 - Brussels: 8:30 PM

to the table of contents of Commission Regulation (EC) No 2790-1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (Text with EEA relevance)Disclaimer
 
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Article 9
 
 Text of the act(Considered status of legislation: 1. April 2008)
1. The market share of 30 % provided for in Article 3(1) shall be calculated on the basis of the market sales value of the contract goods or services and other goods or services sold by the supplier, which are regarded as interchangeable or substitutable by the buyer, by reason of the products' characteristics, their prices and their intended use; if market sales value data are not available, estimates based on other reliable market information, including market sales volumes, may be used to establish the market share of the undertaking concerned. For the purposes of Article 3(2), it is either the market purchase value or estimates thereof which shall be used to calculate the market share.
2. For the purposes of applying the market share, threshold provided for in Article 3 the following rules shall apply:
(a) the market share shall be calculated on the basis of data relating to the preceding calendar year;
(b) the market share shall include any goods or services supplied to integrated distributors for the purposes of sale;
(c) if the market share is initially not more than 30 % but subsequently rises above that level without exceeding 35 %, the exemption provided for in Article 2 shall continue to apply for a period of two consecutive calendar years following the year in which the 30 % market share threshold was first exceeded;
(d) if the market share is initially not more than 30 % but subsequently rises above 35 %, the exemption provided for in Article 2 shall continue to apply for one calendar year following the year in which the level of 35 % was first exceeded;
(e) the benefit of points (c) and (d) may not be combined so as to exceed a period of two calendar years.
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 Legal Commentary of Section 9 Commission Regulation (EC) No 2790-1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (Text with EEA relevance)

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