ANNUAL REPORT 2010 - Konkurentsiamet

their basis criminal procedures were also initiated to investigate relevant anti-competitive
cooperation, which has also increased the number of criminal proceedings handled by the
authority. Operators as well as their lawyers have had a positive attitude towards the
programme and the interest in it has been remarkably high. Although the work for a better
introduction and implementation of the leniency programme and development of related
practice will continue for a longer period, the initial application of the programme can be
considered successful at the moment.
Block exemptions
Similarly to the European Commission, the regulation applicable to vertical
agreements was renewed in 2010. From June 1 the new Regulation No. 60 of the
Government of the Republic adopted on May 27, 2010 “Granting of permission for the
conclusion of anti-competitive or potentially anti-competitive vertical agreements
(block exemption)“ took force, regulating resale relations restricted to the territory of
Estonia.
From June 1 the resale agreements related to the trade between member states are
subjected to the Commission Regulation (EU) No 330/2010 of 20 April 2010 on the
application of Article 101 (3) of the Treaty on the Functioning of the European Union to
categories of vertical agreements and concerted practices. A 1-year transfer period is valid
for the agreements having been in force at the moment of enforcement of the regulation.
The Estonian national regulation of block exemption is based almost entirely on the
abovementioned relevant regulation of the European Commission. Thus the major
amendment of both regulations means that while being in accordance with the formerly
valid regulation of block exemption in the application of a block exemption, the main
attention is paid to the market share of a supplier, which may not exceed 30%. Then in
accordance with the new regulation the market share of the purchaser on the purchase
market is also important, which similarly may not exceed 30%.
The mentioned Regulation No. 60 of the Government of the Republic also includes the
regulation of the agreements related to the repair and maintenance services of motor
vehicles and the sale of spare parts. Marketing agreements of motor vehicles are subjected
to the Regulation No. 66 of the Government of the Republic from 03.06.2010 “Granting
of permission for the conclusion of anti-competitive or potentially anti-competitive
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