In this month's topical edition of Competitive Edge, we
look at the European Commission's new legal framework and
guidance for horizontal cooperation agreements and discuss the main
changes in relation to competition law consideration of horizontal
cooperation agreements from a European perspective with a
comparative look at relevant non-EU jurisdictions.
Horizontal agreements are cooperation agreements between
competitors aimed at cooperating in certain areas, such as research
and development (“R&D”),
production, purchasing, commercialisation, standardisation, or
exchange of information.
Article 101(1) of the Treaty on the Functioning of the European
Union (“TFEU”) prohibits agreements
between companies that have the object or actual/potential effect
of restricting competition in the internal market. However, under
certain conditions, horizontal cooperation agreements can be
pro-competitive and lead to substantial economic benefits.
Horizontal cooperation
