However, I am a bit surprised that you make reference to Regulation 1983/83, since it has now been replaced by a new block exemption regulation, Regulation 2790/1999 with regard to the agreements posterior to 1st January 2000.

Territorial restrictions are still “black-listed” in article 4(b) and 4(c). Yet, since it is doubtful that Apple and the record companies would have met the other criteria of article 2 in the first place, the agreements at stake are likely to have been anyway outside the scope of application of 2790/1999 (which aims at exempting undertakings from article 81 EC).

Thus, article 81 EC fully applies. The Commission considered that the agreements fell within 81(1) EC and did not fulfil 81(3) EC. The ECJ case-law is indeed full of examples of illegal territorial restrictions.