NEWSLETTER-2017

92 NEWSLETTER 2017 relevant market in which the vehicle providers supplies motor vehicles (ii) the relevant market in which vehicles or spare parts providers sup- ply spare parts, (iii) the relevant market in which the vehicle provider supplies maintenance and repair services, and (iv) in terms of the maintenance and repair chain, the network provider’s market share in the maintenance and repair market with regard to quantitative selec- tive distribution and exclusive distribution agreements. The market share threshold for the quantitative selective distribu- tion system is decreased from 40% to 30% under the Communiqué. The Communiqué does not regulate a market share threshold for the qualitative selective distribution parallel to the Abrogated Communi- qué. In order for an agreement executed between the provider and the distributor to benefit from exemption, the following conditions must be met: • An agreement must be executed for a minimum of five years, and both parties agree to make notification six months befo- re the due date of the agreement regarding their request for non-renewal, which will be contained in the agreement, • The notification period for termination must be at least two years for both parties, if it is concluded for an indefinite period of time; however, this period is reduced to at least one year where the provider is obliged by law or by special agreement to pay appropriate compensation to terminate the agreement, or where the provider ends the agreement beca- use it is necessary to re-organize the whole, or a substantial part of, the network. With this regulation, it is intended to protect intra brand competi- tion. Article 6 of the Communiqué provides a list of limitations that exclude agreements from the scope of group exemptions. In order for a vertical agreement to benefit from an exemption, such limitations must not be present.