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7 Horizontal Cooperation Agreements

Damien Geradin, Anne Layne-Farrar, Nicolas Petit

From: EU Competition Law and Economics

Damien Geradin, Dr Anne Layne-Farrar, Nicolas Petit

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

Article 101(3) TFEU application to individual contracts — Horizontal co-operation agreements — Basic principles of competition law

This chapter focuses on horizontal cooperation agreements. Horizontal cooperation agreements are agreements that are entered into by undertakings operating at the same stage of the value chain in order to achieve a variety of efficiencies. While these agreements are generally pro-competitive, they may, however, raise anticompetitive concerns. Under EU law, horizontal cooperation agreements are generally not considered to be agreements that have as their object the restriction of competition, although there may be exceptions. Indeed, as these cooperation agreements may adversely affect the parameters of competition, competition law has taken an interest in them. Cooperation agreements are typically caught by Article 101(1) TFEU. Nevertheless, horizontal cooperation agreements that trigger anticompetitive effects, but generate efficiencies as well, can be exempted under Article 101(3) TFEU.

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