11. September 2021

Article 101 Horizontal Agreements

Filed under: Allgemein — @ 17:06

Standardisation agreements are described by the Commission in the Guidelines as agreements `primarily aimed at defining technical or qualitative requirements which current or future products, production processes, services or methods may meet`. In other words, they are common industry standards developed and agreed by standardisation bodies, associations or simply agreements between independent undertakings, which establish common requirements for services or products where compatibility and interoperability with other products and systems are essential or where minimum quality marks are required. In some cases, public authorities encourage companies to conclude horizontal cooperation agreements in order to achieve a public policy objective through self-regulation. However, undertakings remain subject to Article 101 where a national law merely encourages or facilitates them to engage in autonomous anti-competitive behaviour (22). In other words, the fact that the authorities encourage a horizontal cooperation agreement does not mean that it is authorised by Article 101 (23). Article 101 applies only where national laws engage in anti-competitive behaviour on the part of undertakings or where undertakings create a legal framework which precludes any room for manoeuvre for competition activities (24). In that case, the restriction of competition is not due, as implicitly required by Article 101, to the autonomous conduct of the companies and they are protected against all the consequences of an infringement of that Article (25). Each case should be assessed on the basis of its own facts on the basis of the general principles set out in these guidelines. Marketing agreements between competitors may have restrictive effects on competition only if the parties have a certain degree of market power. In most cases, it is unlikely that there will be market power if the parties to the agreement together hold a market share not exceeding 15%. In any event, if the parties` combined market share does not exceed 15%, it is likely that the conditions set out in Article 101(3) are fulfilled. These are horizontal agreements (e.g. B between distributors) and vertical (e.g.

B between retailers and suppliers) which effectively prohibit the operation of cartels within the EU. Article 101 has been interpreted very broadly to encompass both informal agreements (gentlemen`s agreements) and concerted practices in which firms tend to simultaneously raise or lower prices without having physically agreed to do so. However, a random increase in prices does not in itself prove a concerted approach and it is also necessary to demonstrate that the parties were aware that their conduct might affect the normal functioning of competition within the common market. The latter subjective requirement of knowledge is in principle not necessary for agreements. As far as agreements are concerned, the mere anti-competitive effect is sufficient to render it illegal even if the parties did not know or did not intend to achieve such an effect. Similarly, it is more likely that the exchange of information, which is part of horizontal cooperation agreements, fulfils the conditions set out in Article 101(3) if it does not go beyond what is essential for the implementation of the economic objective of the agreement (e.g. B the sharing of technologies necessary for an R&D agreement or cost data under a production agreement). In order to assess the competitive relationship between the parties, it is necessary to define the relevant product and space market(s) directly concerned by the cooperation (i.e. the market or markets to which the products covered by the agreement belong).

Since a marketing agreement on one market may also influence the competitive behaviour of the parties in a neighbouring market closely related to the market directly concerned by the cooperation, it is also appropriate to define such a neighbouring market. . . .

Annual Tenancy Agreement

Filed under: Allgemein — @ 08:34

A lease is a rental agreement, usually in writing, between the owner of a property and a tenant who wishes to have temporary ownership of the property; it is different from a lease agreement which is rather for a fixed term. [1] The agreement fixes at least the parties, the property, the duration of the lease and the amount of rent for the duration. The owner of the property can be designated as the owner and the tenant as the tenant. At the time of signing the lease: The account balance is [XXXX] DKK You and your landlord may have entered into agreements on the lease and these will be part of the lease as long as they are not contrary to the law. You and your landlord have the rights and obligations that are prescribed by law. The rental agreement can give you and your landlord more than your legal rights, but no less than your legal rights. If a provision of the rental agreement imposes on you or your landlord less than your legal rights, that provision cannot be enforced. Unless expressly permitted in the pre-printed text, no agreed derogation may be indicated directly in this Agreement (by deleting parts of the text, etc.). As a tenant, you can end the periodic rental at any time. You don`t have to give a reason. Here too, there are detailed rules about notice periods and what constitutes a valid termination – see below „Termination of your lease“.

The following information must be included in a rental agreement: the rental agreement begins at XX/XX-20XX and lasts until the end, unless the rental agreement is temporary, cf. § 11. In England and Wales, rental contracts are not compulsory. However, an oral agreement is also considered a lease, unless it is related to a violation of the law. . . .

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