10. Horizontal Cooperation Agreements

Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter discusses EU competition policy towards horizontal cooperation agreements. It covers joint ventures; the contents of the 2010 Guidelines; the general approach to horizontal cooperation agreements in the Guidelines; information agreements; research and development agreements, including the block emption, Regulation 1217/2010; production agreements, including the block exemption on specialisation agreements, Regulation 1218/2010 ; purchasing agreements; commercialisation agreements; standardisation agreements; and agreements in particular sectors, such as the joint buying or selling of media rights to sports events.

Author(s):  
Alison Jones ◽  
Brenda Sufrin

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU competition policy towards horizontal cooperation agreements. It covers joint ventures; the contents of the 2010 Guidelines; the general approach to horizontal cooperation agreements in the Guidelines; information agreements; research and development agreements; production agreements; purchasing agreements; commercialisation agreements; standardisation agreements; and agreements in particular sectors.


Author(s):  
Richard Whish ◽  
David Bailey

This chapter discusses horizontal cooperation agreements between competitors. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.


2021 ◽  
pp. 613-647
Author(s):  
Richard Whish ◽  
David Bailey

This chapter is concerned with horizontal cooperation agreements which the competition authorities in the EU and the UK may be prepared to countenance. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves, but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements, sustainability agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.


Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier's choice, including the treatment of agency agreements. It then discusses the EU approach to vertical agreements, in the light of the Commission’s Verticals Guidelines of 2010, including exclusive dealing, single branding, franchising andselective distribution agreements, and the review of the 2010 regime. It considers the importance in EU law of parallel trade between Member States and how this has influenced policy towards vertical restraints. It analyses the application of Article 101(1) and Article 101(3) to vertical agreements, including the Verticals block exemption of 2010; sub-contracting agreements; and the possible application of Article 102 to distribution agreements.


1994 ◽  
Vol 7 (1) ◽  
pp. 103-113
Author(s):  
Ernst W.J. Ferdinandusse

On December 23, 1993 the European Commission adopted the final version of its Explanatory Notice concerning the assessment of cooperative joint ventures under Article 85 of the EC Treaty. This Notice is part of a general readjustment of the Commission's competition policy with regard to cooperative joint ventures. On that same date, the Commission took a further step in this respect by adopting Regulation 151/93/EEC, which widens the scope of four of the Commission's block exemption Regulations. This article gives an explanation of the four block exemption Regulations prior to and after their amendment by Regulation 151/93/EEC, and their importance in relation to stimulating the creation of cooperative joint ventures in the European Union. As a result of the introduction of Regulation 151/93/EEC, industry will be relieved in a number of cases from the administrative burden of having to notify joint venture agreements to the Commission in order to obtain an individual exemption from the prohibition contained in Article 85(1) of the EC Treaty.


2020 ◽  
Vol 13 (3) ◽  
pp. 244-258
Author(s):  
Manuela Tvaronaviciene ◽  
Arunas Burinskas

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