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10 Other Horizontal Agreements: Joint Purchasing, Commercialization, Standardization

Ángel Valdés Burgui, Pablo Faura Enriquez

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 December 2022

Article 101(3) TFEU application to individual contracts — Cartels — Joint marketing — Joint ventures — Article 101 TFEU, application of — European Union

The chapter, written by Ángel Valdés Burgui and Pablo Faura Enriquez (Lupicinio, Spain), analyses specific categories of horizontal cooperation agreements between competitors, namely joint purchasing agreements, commercialization agreements, and standardization agreements, including standard terms. The chapter first discusses the qualification of an agreement as a joint purchasing agreement, commercialization agreement, or standardization agreement in the sense of the so-called Horizontal Guidelines of the European Commission. It then turns to the conditions under which such agreements may be deemed to restrict competition in the sense of Article 101(1) TFEU. For those agreements that do, the chapter analyses the Horizontal Guidelines to identify those factors that determine the possibility of an individual exemption under Article 101(3) TFEU.

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