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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Horizontal Agreements and EU Competition Law

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ISBN13: 9781904501596
ISBN: 1904501591
Published: June 2005
Publisher: Richmond Law & Tax Ltd
Country of Publication: UK
Format: Hardback
Price: £202.50

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This work considers in detail the EU law and case law affecting various types of "horizontal" agreements - those between undertakings operating at the same level of the manufacturing, supply or retail chain. Part I analyses so-called ‘object’-type agreements which have always been a primary focus of anti-trust enforcement agencies and are likely to infringe Article 81 EC. Part II examines so-called ‘co-operation’ agreements which either do not infringe Article 81(1) EC at all, or, if they do create an appreciable restriction on competition within the meaning of that provision, may nevertheless benefit from the exception set out in Article 81(3). The way in which the European Commission treats these types of agreements has changed recently and reflects a much less form-based, and more fact-specific, economics-based approach. The texts of relevant Commission Guidelines on the application of the relevant EC Treaty articles, in particular on specialisation and research and development agreements are included in appendix.

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Competition Law
I Common Horizontal Agreements Likely To Infringe Article 81 EC;
1. Hard-core cartels - an overview
2. Collusive Tendering
3. Restrictions On Prices and Other Trading Conditions
4. Market Sharing, Quantitative and Territorial Restrictions
5. Information Exchanges
6. Agreements Which Enable Exclusionary Practices
7. Joint Selling and Joint Purchasing
8. Joint Advertising, Trade Fairs And Exhibitions
II. Common Horizontal Co-Operation Agreements Likely To Be Permitted Under Article 81 EC
9. The Guidelines
10. Agreements on Research And Development
11. Production Agreements (including Specialisation Agreements)
12. Purchasing Agreements
13. Commercialisation Agreements
14. Standardisation Agreements
15. Environmental Agreements
16. Other Forms of Permissible Horizontal Co-Operation