Handbook on European Competition Law

Handbook on European Competition Law

Substantive Aspects

Elgar original reference

Edited by Ioannis Lianos and Damien Geradin

Handbook on European Competition Law: Substantive Aspects sets the context for examination of substantive law by reviewing and analyzing the goals of competition law. It then covers the substantive building blocks of EU competition law, including horizontal and vertical agreements, cartels, mergers, and also provides valuable coverage of the interaction between competition and regulation, hub and spoke collusion, and information exchange agreements. The importance of the abuse of dominance doctrine is reflected in three discrete chapters considering exploitative abuses, exclusionary pricing abuses, and exclusionary non-pricing abuses.

Chapter 2: Horizontal cooperation agreements

Luís D.S. Morais

Subjects: economics and finance, competition policy, law - academic, competition and antitrust law, european law


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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