This regulation should not exclude vertical agreements that contain restrictions that may restrict competition and harm consumers or are not necessary to achieve efficiency-enhancing effects. In particular, vertical agreements containing certain types of serious competition restrictions, such as minimum and fixed selling prices, as well as certain types of territorial protection, should be excluded from the category exemption in this Regulation, regardless of the market share held by the companies concerned. (1) In accordance with Article 101, paragraph 3, of the Treaty and subject to the provisions of this Regulation, it is stated that Article 101, paragraph 1, of the Treaty does not apply to vertical agreements. Companies in which a party to the agreement is, directly or indirectly, required not to manufacture, buy, sell or resell goods or services after the termination of the contract; This exemption applies to the extent that these agreements contain vertical restrictions. “vertical restriction,” a restriction of competition in a vertical agreement within the scope of Article 101, paragraph 1, of the Treaty; The category of agreements that can normally be considered the terms of Article 101, paragraph 3 of the treaty includes vertical agreements for the purchase or sale of goods or services where these agreements are concluded between non-competing companies, between specific competitors or specific associations of commodity traders. It also includes vertical agreements that contain subsidiary provisions relating to the transfer or use of intellectual property rights. The term “vertical agreements” should include corresponding concerted practices. Consulting contracts and other service and employment contracts between a member of the supervisory board and the company are subject to approval by the supervisory board. Tracking the supplier`s performance on the basis of service level agreements to determine sales opportunities, smart negotiations and contracting contracts In the event of prior delisting of VA Technology AG shares (before the end of September), the following procedure will be implemented in accord with our rules and regulations: 1. For the calculation of annual turnover under Article 2 , paragraph 2, the turnover achieved by the party concerned with the vertical agreement during the previous financial year: , and the turnover achieved by their related companies with respect to all goods and services, excluding taxes and other taxes, adds up. To this end, the relationship between the party to the vertical agreement and its related companies, or between its related companies, is not taken into account. The adjustment is offset by average conventional wage increases for……………… (economic sector) in the area of the collective agreement………

for the duration of this contract. It can be assumed that vertical agreements that do not contain certain types of serious restrictions on competition generally result in improved production or distribution and allow consumers to take a fair share of the benefits that result from them if the market share of each of the parties to the agreement does not exceed 30%. The benefit of the category exemption instituted by this Regulation should be limited to vertical agreements that can be considered with sufficient certainty that they meet the conditions of Article 101, paragraph 3 of the Treaty. Beyond the 30% market share threshold, vertical agreements within the scope of Article 101, paragraph 1 of the Treaty, cannot generally result in objective advantages in this sense and in their size, in order to compensate for the disadvantages they cause for competition.