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European Union - Notice on Agreements of Minor Importance

The European Commission has announced the intention to issue a new notice relating to the application of EU competition law to agreements of minor importance. In particular it has raised the market share threshold below which a vertical agreement such as a licensing or supply agreement will be presumed not to have an anticompetitive effect from 5 % to 10%. The threshold for horizontal agreements remains at 5%. The presence of certain clauses will, however, take an agreement outside the protection of the notice irrespective of the market share of the parties involved. These include price fixing, market sharing, attempts to fix resale prices and territorial protection clauses in vertical agreements.


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