Types Of Prohibited Horizontal Agreements

Vertical agreements are agreements between two or more parties that, within the meaning of this agreement, operate at different levels of the production, supply and distribution chain. For example, between a manufacturer and a supplier or between a supplier and a distributor. Some horizontal agreements may be covered by certain exemptions by category, such as the category exemption for specialization agreements, the category exemption for technology transfers, and the exemption for R and R groups. D, provided the agreement is covered by the criteria of exemption by category concerned. In addition, the European Commission has presented guidelines for horizontal agreements. Competition issues can arise at different levels of the production, supply and distribution chain. However, the date on which they occur may affect the likelihood or seriousness of anti-competitive provisions. We are discussing here how competition law deals with both vertical agreements and, to a lesser extent, horizontal agreements. The main and most frequent types of anti-competitive horizontal agreements are price fixing, supply manipulation, market allocation/distribution and refusal of transactions (group boycott). These horizontal agreements generally have the form of an agreement, which is explained in a separate subcategory. It is essential that the parties focus on the potential anti-competitive effects of a horizontal agreement and ensure that legal and real cooperation agreements between two or more companies do not move to Chapter I or Article 101 territory. The European Commission has published guidelines on vertical restrictions to determine when an agreement should be exempt from the bans in Chapter I or Article 101.

In general, vertical restrictions are less anti-competitive than horizontal restrictions. Because of their nature, horizontal agreements are more a matter of Chapter I or Article 101 prohibitions than of vertical agreements. These are essentially agreements between competitors and, as such, it is important to ensure that these agreements do not have anti-competitive effects. In some cases, they may be considered an agreement, which can result in criminal sanctions. Horizontal agreements for the exchange of competitively sensitive information may, depending on the circumstances, be considered horizontal anti-competitive agreements and fall under Article 4 of the Competition Act.

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