Elgar original reference
Edited by Ioannis Lianos and Damien Geradin
Chapter 2: Horizontal cooperation agreements
This chapter examines the application of Article 101 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’) to multiple forms of cooperation between undertakings (covering, as such, agreements between undertakings, decisions by associations of undertakings and concerted practices, that will be here comprehensively referred to as ‘agreements’). More specifically, this chapter deals with horizontal cooperation between undertakings, that may be characterized, as put forward in the recent 2010 ‘Guidelines on the applicability of Article 101 of theTreaty on the Functioning of the European Union to horizontal cooperation agreements’ (approved in December 2010 and published in 2011, herein after the ‘Horizontal Guidelines’), as cooperation involving agreements or understandings ‘between actual or potential competitors’ (this type of competitive link conferring to those forms of cooperation its ‘horizontal nature’).
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