Joint Purchasing Agreement Eu Competition Law
The SBE exempts all common production and specialisation agreements (including ancillary intellectual property licences and related purchase and delivery obligations, as well as related joint distribution): where vertical agreements are concluded between competitors, the central question is whether the agreement remains horizontal. For example, an agreement between two producers of a given product, in which the second producer agrees to market on behalf of the former, is not, strictly speaking, at the same level of the supply chain (i.e. it involves the provision of “vertical” distribution services to a producer). However, given the competitive relationship between the two parties in the upstream production market, it will have to be considered a horizontal regime. Even “vertical” agreements between competitors will therefore, in most cases, be considered horizontal cooperation. The defined types of common production and specialization agreements are covered by the revised Category Exemption Specialization Agreement (SBE).6 In addition, the guidelines are guidelines. Specialization is when one party stops producing or reducing a particular product and buys it from the other (this can be done on a reciprocal basis if each producer withdraws from a market and buys the products from its competitor, or unilaterally). Share purchases can be made by a jointly controlled company, a business in which many other companies do not control. All agreements between competitors should raise the following common issues: the guidelines indicate that, in most cases, it is unlikely that the parties will have a cumulative market share of 15% in the buying market and in the sales market or markets. This assumes, of course, that the arrangements do not include strict restrictions.
In this context, an agreement between the parties to the joint purchase agreement on the purchase prices to be paid under the agreement is not considered a major restriction. Common sales contracts are agreements where two or more companies (and often a significant number of companies) agree to acquire some or all of their product requirements. Joint sales contracts can have significant benefits for consumers and markets. They can, for example, save costs (for example. B lower purchase prices or reduced transaction, transportation and storage costs) due to increased purchasing power and economies of scale for the parties, which can in turn be passed on to customers. They can also bring qualitative benefits, for example. B by leading suppliers to innovate and introducing new or improved products to markets. This quick guide summarizes the assessment of competition in cooperation agreements between competitors under EU competition law. When evaluating marketing agreements, most of the general issues mentioned in item 3 will be relevant. Other points of the guidelines should be noted: while the exchange of information “by use” is not manifestly anti-competitive, The competition authorities will focus on whether or not it has an anti-competitive effect (whether it is the intent of the parties) and will focus on the following: finally, it is interesting to note that, in their succinct opinion on a joint purchase agreement between Palmer and Harvey McLane and the “macro-service” Wholesalers , the United Kingdom Office of Fair Trading (predecessor of the UK Competition and Market Supervisory Authority) has opted for a more user-friendly approach to joint buying.