Non-Reciprocal Agreements Between Competitors

The guidelines show that, in most cases, it is unlikely that the parties will have a cumulative market share of 15% in the buying market and the sales market or markets. This assumes, of course, that the arrangements do not include strict restrictions. In this context, an agreement between the parties to the joint purchase agreement on the purchase prices to be paid under the agreement is not considered a major restriction. 10% of the company`s revenue from the sale of products in relevant and adjacent markets for the period between the commencement of the infringement and its termination or decision of the CMA; In this regard, it is important to ensure that the licence does not contain severe competition restrictions set out in the TTBE. The existence of such restrictions is extremely difficult to justify under Article 101, paragraph 3, and should nullify the entire licence and expose the parties to the risk of fines and actions for damages from third parties. Among the restrictions characterized under a DPI licence between competitors under the TTBE is: the exchange of information between competitors is an extremely broad subject, ranging from the disclosure of prices or expected volumes (very high risk) to the annual dissemination of historical statistics in the industry markets (low risk). The guidelines confirm that the exchange of information will represent a low risk if: the rules on vertical restrictions apply to businesses. Under the Competition Act, the definition of the composition of a business should involve all persons or entities controlling or controlled from a separate company (i.e., a group of companies is considered a business itself). Therefore, the prohibition of concerted anti-competitive practices, including vertical anti-competitive restrictions, does not apply to agreements between separate companies belonging to the same group of companies, as they occur within the same company. The Competition Act generally prohibits agreements, association decisions or other concerted behaviour (including acts and inaction) of companies that lead to the prevention, elimination or limitation of competition (concerted practices).

“horizontal cooperation”, agreements or agreements between companies operating at the same level of the supply chain, i.e. real (or potential) competitors, for example, a joint R and and development project. B; D between competing technology companies or a distribution and marketing joint venture between competitors. On the other hand, “vertical” agreements between companies operating at different levels of the supply chain. B are, for example, a contract to supply a supplier of raw materials to a producer or a distribution agreement between a producer and a retailer4. unless the tax is exempt under the procedure set out in the authorisation regulation.