Competition law horizontal agreements

What is a horizontal agreement under competition law?
Horizontal agreement is an agreement between enterprises which operate in the same market and are competitors on the market.
The term agreement is defined widely under the Competition Act 2007.
It can take any form, whether written, oral, or through direct or indirect communication whether or not legally enforceable..
What is draft horizontal guidelines competition law?
The Draft Horizontal Guidelines provide some limited guidance on how to assess known cooperation agreements, such as on R&D and production, with a sustainability objective in line with policy objectives included in the European Green Deal, the United Nations objectives in the 2030 Agenda for Sustainable Development and .
Horizontal competition restrictions are agreements or proceedings restricting competition between actual competitors or potential competitors operating on the same production or distribution level.
Harmful effects of such intentional horizontal co-operation are presumed in the law.
The Draft Horizontal Guidelines provide some limited guidance on how to assess known cooperation agreements, such as on R&D and production, with a sustainability objective in line with policy objectives included in the European Green Deal, the United Nations objectives in the 2030 Agenda for Sustainable Development and

Agreements between competitors (collusion) to fix price, share market and restrict supply are prohibited. Such horizontal agreements usually significantly prevent, restrict or distort competition. The anti-competitive cooperation results in higher prices, lower choice and poorer quality of products and services.

Horizontal agreements are agreements between actual or potential competitors who operate at the same level of production or distribution in the market.

Horizontal agreements are cooperation agreements between competitors aimed at cooperating in certain areas, such as research and development (“R&D”), production, purchasing, commercialisation, standardisation, or exchange of information.

Are horizontal cooperation agreements pro-competitive?

However, under certain conditions, horizontal cooperation agreements can be pro-competitive and lead to substantial economic benefits.
Horizontal cooperation agreements can be a means to share risk, save costs, increase investments, pool know-how, enhance product quality and variety and speed up innovation.

Does Article 101 apply to horizontal cooperation agreements?

In July 2023, the European Commission published its revised Guidelines on the applicability of Article 101 to horizontal cooperation agreements ( Horizontal Guidelines ).

How are horizontal agreements regulated in Australia?

Horizontal agreements in Australia are largely regulated by Part IV of the Consumer and Competition Act 2010 ( Australian Competition and Consumer Act, or CCA ), which addresses restrictive trade practices.

Competition law horizontal agreements

What is a horizontal agreement under competition law?

What is draft horizontal guidelines competition law?

Are horizontal cooperation agreements pro-competitive?

Does Article 101 apply to horizontal cooperation agreements?

How are horizontal agreements regulated in Australia?