On The Meaning Of Horizontal Agreements In Competition Law

Agreements involving competitors will be particularly relevant from the point of view of EU and UK competition law if there is coordination on certain sensitive parameters (for example. B price and/or production) or where cooperation allows strong parties already with strong positions to acquire, maintain or increase market power (resulting in negative effects on prices, production, product quality, product diversity or innovation). These include horizontal cooperation, which also has legitimate objectives (unlike this glossary, the list of keywords used by the competition search engine corresponds. Each keyword is automatically updated by the latest EU and national jurisdictions of the e-Competitions bulletin and competition review. The definitions are included in the DG COMP glossary on EU competition policy concepts (© European Union, 2002) and the OECD glossary of competition rules (© OECD, 1993). A non-binding agreement between direct competitors can be reduced to a restrictive horizontal agreement depending on the state of thought. See the `horizontal guidelines`: guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal cooperation agreements (OJ L 199 of 11.12.2001, p. 1). OJ C 11, 14.1.2011, p. 1-72). An important proposition underpinning EU competition law is that competing companies should act independently in the markets. In principle, rivalry and competition can be expected to ensure the greatest consumer well-being, the most efficient allocation of resources and contribute to further overall market integration within the FRAMEWORK of the EU`s internal market project.

The European Commission and other regulatory authorities are therefore cautious about agreements that could curb competition or reduce economic uncertainty that would otherwise exist between competitors. agreement between the actual definition or definition of potential competitors, i.e. companies operating at the same level of the production or distribution chain. B and which include research and development, production, purchasing or marketing. Horizontal agreements can restrict competition, particularly when they involve price fixing or market-sharing measures, or when the definition of market economy services resulting from horizontal cooperation has negative market effects in terms of price, production, innovation or product diversity and quality. On the other hand, horizontal cooperation can be a way to share risks, reduce costs, pool know-how and accelerate innovation. For small and medium-sized enterprises in particular, cooperation can be an important means of adapting to the changing market. The prohibition of horizontal fixed-price and related agreements is one of its few undisputed provisions and is considered to be well founded in economic principles that are considered the basis of competition policy.

However, during the review, the generally expressed views on the design of the law agreement are difficult to articulate operationally, at odds with key aspects of the doctrine and practice of law, and are in no way related to essential elements of modern oligopoly theory. This article examines these and other aspects of the agreement requirement and suggests the need for a complete review of how competition law should deal with the problem of the oligopoly.

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