Due to Regulation No 1/2003, Article 101 (3) TFEU is now immediately applicable. Companies are now required to do a self-assessment of whether an agreement, that restricts competition, fulfil the qualifications of an exemption.
Moreover, this assessment is also required if an allegation of infringing the cartel prohibition arises.
For simplification the European Commission has released guidelines. These guidelines enable the interpretation of Article 101 (3) TFEU under consideration of the European School of Thought.
The structure of economic assessment consists of two parts.
The guidelines of the European Commission on Article 101 (3) TFEU explain the conditions for exemption in detail and, therefore, set a framework. The designated standards in the guidelines - in accordance with the jurisdiction - must be applied. As a result, an automated application is excluded and each case must be considered separately with regard to the specific facts.