Getting Out of a Contract - A Practical Guide for Business by Adam Rose David Leibowitz

Author:Adam Rose,David Leibowitz
Language: eng
Format: epub
Publisher: Taylor & Francis (CAM)

4 Agreements of minor importance

Agreements of minor importance’ are generally not prohibited by Article 81. An agreement is of ‘minor importance’ if the parties’ combined market shares are low enough. There are two thresholds: for ‘horizontal’ agreements (where the parties are at the same stage in the economic process, such as competing manufacturers) and for agreements which are both horizontal and vertical, or difficult to classify, the threshold is 5 per cent; for ‘vertical’ agreements (where the parties are at different stages in the economic process), the threshold is 10 per cent. But even if the parties’ market shares are low enough, horizontal agreements which are intended to fix prices, limit production or sales, or share markets, and vertical agreements which fix resale prices or give absolute territorial protection, can still be prohibited by Article 81.

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