The cumulative market share threshold that contracted companies can reach to benefit from a block exemption is 20% (for specialisation agreements) and 25% (R&D) respectively. Where these values are exceeded, R&D and specialisation agreements are not automatically prohibited, but must be assessed individually for exemption under Article 101(3) TFEU. What prompted you to look for a horizontal match? Please let us know where you read or heard it (including the quote, if possible). „Horizontal agreement.“ Legal Dictionary, Webster merriam, Retrieved December 1, 2020. 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 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. Note: Horizontal agreements are generally contrary to antitrust law. Depending on the circumstances, horizontal agreements for the exchange of competitively sensitive information may be considered as horizontal anti-competitive agreements and fall within the reprecities of Article 4 of the Competition Law. Whether an agreement is legally binding is irrelevant to the extent of the assessment of competition law; 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. 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. . . .

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