Einde inhoudsopgave
Guidance on restrictions of competition ‘by object’ for the purpose of defining which agreements may benefit from the De Minimis Notice
2.3.2 Output restrictions which can benefit from the De Minimis Notice
Geldend
Geldend vanaf 25-06-2014
- Bronpublicatie:
25-06-2014, Internet 2014, ec.europa.eu (uitgifte: 25-06-2014, regelingnummer: SWD(2014) 198 final)
- Inwerkingtreding
25-06-2014
- Bronpublicatie inwerkingtreding:
25-06-2014, Internet 2014, ec.europa.eu (uitgifte: 25-06-2014, regelingnummer: SWD(2014) 198 final)
- Vakgebied(en)
Mededingingsrecht / EU-mededingingsrecht
The following restrictions do not prevent an agreement from benefitting from the safe harbour of the De Minimis Notice:
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As regards production agreements covered by Commission Regulation (EU) No 1218/2010, where the parties agree on the output directly concerned by the production agreement (for example, the capacity and production volume of a joint venture or the agreed amount of outsourced products).1.
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As regards specialisation (and joint production) agreements covered by Commission Regulation (EU) 1218/2010, provisions on the agreed amount of products in the context of unilateral or reciprocal specialisation agreements or the setting of the capacity and production volume in the context of a joint production agreement. Another example would be the setting of sales targets where the parties have agreed to jointly distribute the products covered by their cooperation.2.
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As regards R&D agreements covered by Commission Regulation (EU) 1217/2010, the setting of production targets where the contract products are jointly produced,3. and setting of sales targets where the parties agreed on certain forms of joint distribution of the contract products or joint licensing of the contract technologies.4.
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For consortia agreements between liner shipping companies covered by Commission Regulation (EU) 906/2009, certain capacity adjustments.5.
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In technology transfer agreements covered by Commission Regulation (EU) 316/2014, the limitation of output of contract products imposed only on the licensee (either on the licensee in a non-reciprocal agreement or on only one of the licensees in a reciprocal agreement).6.
Voetnoten
See Commission Regulation (EU) No 1218/2010, Article 4(b).
See Commission Regulation (EU) No 1217/2010, Article 5(b)(i).
See Commission Regulation (EU) No 1217/2010, Article 5(b)(ii); this only applies for joint distribution or joint licensing as described in Article 1(1) point (m) (i) and (ii) of this regulation.
See Commission Regulation (EC) No 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia), Articles 4(2) and 3(2).
See Commission Regulation (EU) No 316/2014, Article 4(1)(b).