Vertical agreements are agreements between two or more parties that, within the meaning of this agreement, operate at different levels of the production, supply and distribution chain. For example, between a manufacturer and a supplier or between a supplier and a distributor. Some horizontal agreements may be covered by certain exemptions by category, such as the category exemption for specialization agreements, the category exemption for technology transfers, and the exemption for R and R groups. D, provided the agreement is covered by the criteria of exemption by category concerned. In addition, the European Commission has presented guidelines for horizontal agreements. In general, the Commission (21) does not meet the requirements of Article 81, paragraph 3 (ex-Article 85, paragraph 3), EC only if: when the agreement fulfils the following conditions: horizontal competition restrictions and bare agreements that prohibit trade between Member States are, as a rule, prohibited by Article 81, paragraph 1 (ex-Article 85, paragraph 1), EC) and can only benefit from an exceptional exemption under Article 81 , paragraph 3 (ex-Article 85, paragraph 3), EC. While the production of statistics by professional organisations is generally permitted, provided that they contain only aggregated figures at the sector level and do not reveal the identity of each company, the exchange of the following information has been regularly condemned: production and sales figures, prices, costs and general terms of sale. The Commission and antitrust authorities in general have always been wary of the exchange of industrial data between competitors. As a general rule, an exchange of information leading to market coordination or which may induce the companies concerned to act in the same way is considered a violation of Article 81, paragraph 1 (ex-article 85, paragraph 1) (EC). Competition issues can arise at different levels of the production, supply and distribution chain. However, the date on which they occur may affect the likelihood or seriousness of anti-competitive provisions.
We are discussing here how competition law deals with both vertical agreements and, to a lesser extent, horizontal agreements. The guidelines also define the characteristics of certain types of cooperation agreements and apply the evaluation framework in accordance with Article 101, paragraph 1, and Article 101, paragraph 3, of the TFUE, to each of the following types of agreements: the term “naked” derives from the fact that the agreement serves only the own interests of the company concerned. A bare reluctance is distinguished from the other restrictions by their lack of solid justification. In general, a restriction of competition can be justified as an accessory to a broader legitimate objective. This may be the case where an agreement has an overall pro-competition effect, while part of the agreement, without which it would not be viable, limits competition. You can`t say that about a naked cartel. Carton (26) was the first decision by which the Commission reduced the fines imposed on companies with which they had cooperated with it. Depending on the degree of cooperation it has shown, the Commission has reduced its fines by one-third or two-thirds.