a non-binding agreement between direct competitors may, depending on the circumstances, amount to a restrictive horizontal agreement. Note: Horizontal agreements are generally contrary to antitrust law. Horizontal agreements are restrictive agreements between competitors operating at the same level of the production and distribution chain. Horizontal agreements which have as their aim or likely to prevent, distort or restrict competition, directly or indirectly, constitute infringements. Article 4 of the Law on the Protection of Competition No. 4054 (the “Competition Law”) directly prohibits this. Horizontal agreements (i.e. agreements between undertakings operating at the same level of production or trade) may affect competition and are subject to EU competition rules, in particular Article 101 of the Treaty on the Functioning of the European Union. In 2011, the European Commission adopted guidelines for the evaluation of agreements related to cooperation between competitors.
These guidelines complement the block exemption regulations for research and development (R&D) agreements and specialisation agreements. Severe forms of restrictions of competition (so-called basic restrictions) such as price cartels, production restrictions, market shares or customer groups are prohibited, regardless of the parties` position in the market. See `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 101, 10.1.2001, p. 1). OJ C 11, 14.1.2011, pp. 1-72). Horizontal agreements can have a negative impact on the market in terms of price and product quality. On the other hand, horizontal cooperation can generate important economic benefits, such as risk sharing, cost savings, exchange of know-how and faster innovation. What prompted you to look for a horizontal match? Please let us know where you read or heard it (including the quote, if possible). The assessment referred to in Article 101(3) TFEU shall be carried out in the context of a market analysis which carefully assesses the economic effects of an agreement on competition and the anti-competitive effects of an agreement.
Only if the positive effects outweigh the negative effects can an undertaking benefit from an exemption from the prohibition of cartels, despite high market shares. Agreement between potential competitors, real or by definition, i.e.: undertakings which operate at the same level of the production or distribution chain and which include, for example, research and development, production, purchasing or marketing. Horizontal agreements may restrict competition, in particular where they involve price fixing or market sharing, or where the definition of market power resulting from horizontal cooperation has negative repercussions on the market 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 bring innovation to market faster. For small and medium-sized enterprises in particular, cooperation can be an important means of adapting to market developments. Among the main and most common types of horizontal anti-competitive agreements are price cartels, supply cartels, market allocation/allocation and refusal of transactions (group boycotts). These horizontal agreements usually take the form of an agreement, which is explained in a separate subcategory. The prohibition of cartels and related horizontal agreements is one of the few undisputed provisions of competition law and is regarded as the basis of economic principles considered to be the basis of competition policy. On examination, however, generally accepted views on the conception of the law of the agreement prove difficult to articulate operationally, at odds with key aspects of legal doctrine and practice and unrelated to essential elements of modern oligopolistic theory. . . .