Yes — exemption frameworks get updated, and old clauses can be left unprotected. A periodic compliance scan should be routine for every company that owns a network.
There is a concrete checkpoint. Relying on the block exemption depends on the supplier’s share of the relevant market staying at or below 40 per cent — and a blacklisted clause, such as imposing a minimum resale price or granting absolute territorial protection, puts the agreement outside the exemption on its own, whatever the share is. Clauses of that kind are what tends to survive in older texts, and catching them is what the scan is for.
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