EE&MC successfully advises companies on competition policy by using market definitions and analyses that underly the decision-making practice of the European Commission and the European School of Thought.
Article 101(1) TFEU (Treaty of the Functioning of the European Union) prohibits agreements that prevent, restrict or distort competition in the European market.
An economic analysis of the competitive situation in the relevant market is necessary for the evaluation of any agreement that might be subject to Article 101(1).
Under Article 101(3) TFEU, the cartel prohibition may be exempted if the positive effects on competition of the specific transaction outweigh its negative ones. To assess whether the conditions for this exemption are fulfilled, complex economic analyses are required.
EE&MC has the expertise to help you determine if your agreement is in line with antitrust rules.