European Commission Notice on Agreements of Minor Importance

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The European Commission has issued a notice on agreements of minor importance, which may not be subject to the full scrutiny of EU competition rules. This notice aims to provide guidelines for businesses regarding the criteria and conditions that must be met for an agreement to qualify for exemption under the EU competition rules.

The notice applies to agreements between companies that have a relatively small market share, and the agreements must not contain any provisions that have the potential to restrict competition. In other words, the agreements must not involve any price-fixing, market sharing, or any other activity that would limit competition.

To qualify for exemption, the agreements must meet certain conditions. Firstly, the combined market share of the companies involved must not exceed 10% in the relevant market. Secondly, the agreement must not contain any hardcore restrictions, such as preventing companies from selling to other customers or imposing minimum resale prices.

The notice also provides guidance on the types of agreements that can be considered for exemption. These include agreements for research and development, joint production, and joint selling, as well as agreements that allow companies to share their know-how or distribution networks.

It is important to note that while these agreements may not be subject to full scrutiny under the EU competition rules, they must still comply with other EU laws, such as those relating to data protection and consumer protection.

In conclusion, the European Commission`s notice on agreements of minor importance provides a useful framework for businesses to understand the criteria that must be met for an agreement to qualify for exemption under the EU competition rules. This notice helps to promote competition and innovation while ensuring that businesses can work together within a legal framework that respects consumer rights and promotes fair competition.

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