The EU practice of horizontal agreement assessment in accordance with the rule of providing de minimis exemption

Research output: Contribution to journalArticle

Abstract

This article analyses the practice of horizontal agreement assessment in accordance with its impact on competition. The following research is based on analysis of scientific literature, current provisions of European Union and national legal acts, as well as official positions of the European Commission (hereinafter – EC) and national authorities. The current inconsistent practice of horizontal agreement assessment within the EU creates space for multiple interpretations. It is important to emphasize that the assessment rules provided in legal acts are, by their nature, only guidelines. More flexibility, but also more obscurity, in the assessment process bring with it the possibility for institutions to independently set priorities (for instance ‘priority rule’ in Lithuanian legislation, i.e. in the Articles 18.2.3. and 24.2.8 of the Law on Competition of the Republic of Lithuania, Official Gazette, 2012, no. 42-2041). The article analyses current regulation of horizontal agreement assessments in accordance with minor impact on competition.
Original languageEnglish
Pages (from-to)65-80
JournalBaltic Journal of Law and Politics
Volume5
Issue number2
Publication statusPublished - 2012

Fingerprint

exemption
EU
law on competition
technical literature
Lithuania
European Commission
European Community
republic
flexibility
legislation
regulation
interpretation

Keywords

  • Horizontal agreement
  • De minimis exception
  • Impact on competition

Cite this

@article{87c72ded72a64c10922bee643af31f02,
title = "The EU practice of horizontal agreement assessment in accordance with the rule of providing de minimis exemption",
abstract = "This article analyses the practice of horizontal agreement assessment in accordance with its impact on competition. The following research is based on analysis of scientific literature, current provisions of European Union and national legal acts, as well as official positions of the European Commission (hereinafter – EC) and national authorities. The current inconsistent practice of horizontal agreement assessment within the EU creates space for multiple interpretations. It is important to emphasize that the assessment rules provided in legal acts are, by their nature, only guidelines. More flexibility, but also more obscurity, in the assessment process bring with it the possibility for institutions to independently set priorities (for instance ‘priority rule’ in Lithuanian legislation, i.e. in the Articles 18.2.3. and 24.2.8 of the Law on Competition of the Republic of Lithuania, Official Gazette, 2012, no. 42-2041). The article analyses current regulation of horizontal agreement assessments in accordance with minor impact on competition.",
keywords = "Horizontal agreement, De minimis exception, Impact on competition",
author = "Andrius Puksas",
year = "2012",
language = "English",
volume = "5",
pages = "65--80",
journal = "Baltic Journal of Law and Politics",
issn = "2029-0454",
publisher = "Versita (Central European Science Publishers)",
number = "2",

}

TY - JOUR

T1 - The EU practice of horizontal agreement assessment in accordance with the rule of providing de minimis exemption

AU - Puksas, Andrius

PY - 2012

Y1 - 2012

N2 - This article analyses the practice of horizontal agreement assessment in accordance with its impact on competition. The following research is based on analysis of scientific literature, current provisions of European Union and national legal acts, as well as official positions of the European Commission (hereinafter – EC) and national authorities. The current inconsistent practice of horizontal agreement assessment within the EU creates space for multiple interpretations. It is important to emphasize that the assessment rules provided in legal acts are, by their nature, only guidelines. More flexibility, but also more obscurity, in the assessment process bring with it the possibility for institutions to independently set priorities (for instance ‘priority rule’ in Lithuanian legislation, i.e. in the Articles 18.2.3. and 24.2.8 of the Law on Competition of the Republic of Lithuania, Official Gazette, 2012, no. 42-2041). The article analyses current regulation of horizontal agreement assessments in accordance with minor impact on competition.

AB - This article analyses the practice of horizontal agreement assessment in accordance with its impact on competition. The following research is based on analysis of scientific literature, current provisions of European Union and national legal acts, as well as official positions of the European Commission (hereinafter – EC) and national authorities. The current inconsistent practice of horizontal agreement assessment within the EU creates space for multiple interpretations. It is important to emphasize that the assessment rules provided in legal acts are, by their nature, only guidelines. More flexibility, but also more obscurity, in the assessment process bring with it the possibility for institutions to independently set priorities (for instance ‘priority rule’ in Lithuanian legislation, i.e. in the Articles 18.2.3. and 24.2.8 of the Law on Competition of the Republic of Lithuania, Official Gazette, 2012, no. 42-2041). The article analyses current regulation of horizontal agreement assessments in accordance with minor impact on competition.

KW - Horizontal agreement

KW - De minimis exception

KW - Impact on competition

M3 - Article

VL - 5

SP - 65

EP - 80

JO - Baltic Journal of Law and Politics

JF - Baltic Journal of Law and Politics

SN - 2029-0454

IS - 2

ER -