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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. It derives from a section in the looseleaf
Law of the EU (Vaughan & Robertson, eds), and is made available
here for the benefit of those who don't subscribe to the looseleaf.
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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