Cartels and anticompetitive agreements

EE&MC is specialised in the economic assessment of agreements between companies that comply with EU competition law.

Cooperation or cartel,
when are agreements between companies considered as cartels ? 

Companies are required to perform this evaluation themselves since Regulation 1/2003 came into force. Antitrust authorities are rarely open to discuss whether an agreement is covered by the prohibition in Article 101 TFEU (Treaty on the Function of the European Union) or whether an exemption under Article 101 (3) TFEU applies.


If an agreement at a later stage (e.g., if parties disagree) is found to have breached EU competition law, the entire agreement could be declared null and void. Courts recognise that companies fulfil their due diligence when they ask for an expert opinion at the time the agreement was made. This diligence pays off later in a dispute.


EE&MC is specialised in such expert testimonies.


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