Horizontal agreements on the exchange of competitively sensitive information may, depending on the circumstances, be regarded as horizontal anti-competitive agreements and may fall within the framework of Article 4 of the Competition Act. Whether an agreement is legally binding is not relevant to the scope of the assessment under competition law; Measures that may fall within the scope of these prohibitions with respect to vertical agreements include: Vertical agreements are agreements between two or more parties operating for the purposes of this Agreement at different levels of the production, supply and distribution chain. For example, between a manufacturer and a supplier or between a supplier and a retailer. EU competition law contains various block exemptions that exclude certain agreements from the prohibition in Article 101. These block exemptions shall also apply to agreements which may fall within the prohibition laid down in Chapter I. a non-binding agreement between direct competitors may constitute a restrictive horizontal agreement, depending on the circumstances. What made you want to look for a horizontal match? Please let us know where you read or heard it (including the quote if possible). The UK competition authority, the Competition and Markets Authority, has the power to withdraw the benefit of the vertical block exemption for certain agreements. Although the likelihood that she will exercise this right is low. The European Commission also has the power to withdraw the benefit of the block exemption for vertical agreements in certain situations. By their very nature, horizontal agreements are more likely to fall within the prohibitions laid down in Chapter I or Article 101 than vertical agreements. These are essentially agreements between competitors and, as such, care must be taken to ensure that such agreements do not have anti-competitive effects.
In some cases, they may be considered a cartel, which can result in criminal penalties. Horizontal agreements are restrictive agreements between competitors operating at the same level of the production/distribution chain. Horizontal agreements which have as their object, effect or are likely to have the effect or likely to have the effect of preventing, distorting or restricting competition, directly or indirectly, constitute infringements in themselves. Section 4 of the Competition Protection Act No. 4054 (the „Competition Act”) prohibits them directly. An intellectual property agreement cannot benefit from the block exemption for vertical agreements. However, if the main objective of the agreement is not related to intellectual property, the block exemption for vertical agreements may be used. Otherwise, a block exemption such as the technology transfer block exemption may apply.
The intellectual property provisions in a vertical agreement are a sensitive issue in an already complex field and it is advisable to seek the advice of a professional. It is essential that the Parties focus on the potential anti-competitive effects of a horizontal agreement and ensure that legal and genuine cooperation agreements between two or more undertakings do not derive within the territory of Chapter I or Article 101. .