Cartels and anticompetitive agreements

The economic assessment of agreements between companies regarding antitrust aspects is a focal point of EE&MC.

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 would be declared null and void. Courts recognise explicitly that companies fulfil their due diligence when they ask for an expert opinion at the time the agreement was made. The diligence pays off later in a dispute.

EE&MC is specialised in such expert testimonies.