Specialisation Agreements Block Exemption

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Production specialization agreements are most likely to contribute to improved production or distribution of products when parties have complementary capacity, assets or activities, as they can focus on the production of certain products and are therefore more efficient and provide products at a lower cost. The same is generally true for specialisation agreements in the preparation of services. Given the effectiveness of competition, it is likely that consumers will receive an appropriate share of the benefits that will flow from it. The new guidelines, which came into force on January 14, 2011 when they were published in the Official Journal, essentially add a chapter on information exchange and make broader recommendations on standard terms in the agreements. “specialization product,” a product manufactured under a specialization agreement; The Commission Regulation (EC) 2658/2000 of 29 November 2000 on the application of Article 81, paragraph 3, from the EC Treaty to the categories of specialisation agreements (2) defines categories of specialisation agreements which, in the Commission`s view, normally meet the conditions set out in Article 101, paragraph 3, of the Treaty. Given the general positive experience of applying this regulation, which expires on December 31, 2010, and based on the experience gained since its adoption, a new category exemption regulation should be adopted. The new BER specialisation, Regulation 1218/2010, concerns the applicability of Article 101, paragraph 3, from the TFUE to certain categories of specialisation agreements. In order to facilitate the conclusion of specialization agreements that may affect the structure of the parties, the validity of this regulation should be set at 12 years. In theory, such an exchange could still be justified under section 101, paragraph 3, but it is unlikely to be exempted, since they are generally linked to price or quantity agreements. Ber Specialization recognizes that specialization and joint production agreements can have pro-competitive effects, as they allow the parties to take advantage of economies of scale and other efficiency gains that would not have been made available to each party.

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