Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements

Summary:

Communication published by the European Commission on 17 July 2023, setting out guidelines on the applicability of Article 101 TFEU to horizontal cooperation agreements.

Further information:

Article 101 TFEU declare as illegal all agreements, decisions and concerted practices which can disrupt free competition in the European Union's (EU) single market. It is commonly seen as referring, among others, to practices carried out by cartels.

These Guidelines set out principles for the assessment of horizontal cooperation agreements and concerted practices under Article 101 TFEU and provide an analytical framework to facilitate the self-assessment of the most common types of horizontal cooperation agreements. They were previous Guidelines issued in 2011, and they seek to provide legal certainty by assisting undertakings to assess the compatibility of their agreement with EU competition rules while ensuring effective protection of competition. They also aim to make it easier for undertakings to cooperate in ways which are economically desirable.

The Communication was released by the European Commission on 17 July 2023 and published in the Official Journal on 21 July 2023.