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Block Exemption Regulation Agreements

Therefore, if the common point of costs between participants remains reasonable, if the ability to differentiate offers is ensured (e.g. B by the possibility of providing individual services), if the exchange of information is kept strictly necessary and there are no likely foreclosure effects, such agreements should be considered exempted from the application of Article 101. * Block exemption: Under these regulations, the European Commission can declare certain categories of State aid compatible with the Treaty on the Functioning of the EU if they meet certain conditions. This relieves it of the Commission`s obligation of prior notification and approval. Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) shall not apply to specialisation agreements * (including joint production agreements), unless the agreement controls basic restrictions of competition and the combined market share of the parties does not exceed 20%. The exemption provided for in Regulation (EEC) No 2821/71 also covers specialisation agreements which contain provisions relating to the assignment or licensing of intellectual property rights, provided that those provisions are not the subject of those agreements in the first place, but are directly linked to their implementation and are necessary for their implementation. In addition, this Regulation also provides for an exemption where the Parties accept exclusive purchase or delivery obligations or jointly market the products they manufacture under a specialisation or joint production agreement. Market share shall be calculated on the basis of the sales value of the market or, if such data are not available, estimates may be used on the basis of other reliable market information to determine the market share of the parties. If, after a certain period of time, the market share exceeds the 20% threshold but remains below 25%, the exemption is valid for two years. However, if the market share exceeds 25%, the exemption will only apply for the following year. Overall, anti-competitive agreements or concerted practices are prohibited by Community competition law (in particular Article 101 of the Treaty on the Functioning of the European Union) and its UK equivalent, Chapter 1 of the Competition Act 1998. One of these regulations concerns the automotive sector: Regulation (EU) No 461/2010 on the application of Article 101(3) TFEU to groups of vertical agreements and concerted practices in the automotive sector (MVBER).

Anti-dominant position: Commission extends validity of block exemption for regular maritime consortia* The European Commission has extended the regulation setting out the conditions under which regular maritime consortia can provide common services without going against EU anti-dominant anti-cartel rules for a further four years (…) Network sharing agreements are widely used in Europe to reduce costs, increase coverage, shorten the network development date, use new technologies efficiently and quickly and reduce the perception of the environmental impact of antennas. These include research and development (R&D) agreements, production contracts, purchasing agreements, marketing agreements, standardization agreements and information exchange agreements. .

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