A non-binding agreement between direct competitors can be reduced to a restrictive horizontal agreement depending on the state of thought. See the `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 199 of 11.12.2001, p. 1). OJ C 11, 14.1.2011, p. 1-72). Horizontal agreements are restrictive agreements between competitors operating at the same level of the production and distribution chain. Horizontal agreements that, directly or indirectly, result in or are likely to have the effect of preventing, distorting or restricting competition are in themselves violations. Section 4 of the Competition Protection Act 4054 (the “Competition Act”) prohibits them directly. The article 101, paragraph 3 evaluation of the EUTF is carried out by a market analysis that carefully balances the anti-competitive and anti-competitive economic effects of an agreement.
Only if the positive effects outweigh the negative effects will a company be able to benefit from an exemption from the prohibition of cartels, despite high market share. The threshold for the cumulative market share that contracting entities can achieve in order to qualify for a category exemption is 20% (for specialization agreements) or 25% (R and; D). If these values are exceeded, research and development and specialisation agreements are not automatically prohibited, but must be assessed individually in light of the exemption under Article 101, paragraph 3, of the EUFS. However, all agreements between competitors, horizontal agreements, are not illegal or are in themselves contrary to existing competition or cartel legislation, but many of them are price agreements or organized boycott measures. “Horizontal agreement.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/horizontal%20Ament. Access 1 Dec 2020. Agreement between the actual definition or definition for potential competitors, i.e. companies that operate at the same level of the production or distribution chain and which include, for example. B, research and development, production, purchase or marketing. Horizontal agreements can restrict competition, particularly when they involve price fixing or market-sharing measures, or when the definition of market economy services resulting from horizontal cooperation has negative market effects in terms of price, production, innovation or product diversity and quality.
On the other hand, horizontal cooperation can be a way to share risks, reduce costs, pool know-how and accelerate innovation.