Einde inhoudsopgave
Guidance on restrictions of competition ‘by object’ for the purpose of defining which agreements may benefit from the De Minimis Notice
2.1.2 Price fixing 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:
- —
In the context of joint purchasing agreements (that is to say, a number of competitors openly coming together to make joint purchases on the market), where the parties agree on the purchasing price that their ‘joint purchasing arrangement’ may pay to its suppliers for the products subject to the supply contract.1.
- —
In the context of specialisation agreements (including joint production agreements) covered by Commission Regulation (EU) No 1218/2010, where the parties agree on the fixing of prices charged to immediate customers in the context of joint distribution.2.
- —
In the context of research and development (R&D) agreements3. covered by Commission Regulation (EU) No 1217/2010, where the parties agree on the fixing of prices or the licence fee charged to immediate customers or immediate licensees4. in those cases where the parties' joint exploitation of the results of the joint R&D includes certain forms of joint distribution of the products, or joint licensing of the technologies or processes, arising out of the joint R&D.5.
Voetnoten
See Commission Regulation (EU) No 1218/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements (OJ L 335, 18.12.2010, p.43), Article 4(a).
As regards R&D agreements it should be noted that the same hardcore restrictions and exceptions apply regardless of whether the parties are competitors or not.
See Commission Regulation (EU) No 1217/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements (OJ L 335, 18.12.2010, p.36), Article 5(c).
This only applies to joint distribution or joint licensing as described in Article 1(1) point (m) (i) and (ii) of Commission Regulation (EU) No 1217/2010.