Translation of "Restriction competition " (English → French) :

The Commission holds the view that agreements between undertakings which may affect trade between Member States and which may have as their effect the prevention, restriction or distortion of competition within the internal market, do not appreciably restrict competition within the meaning of Article 101(1) of the Treaty:

The benefit of this Regulation could be withdrawn pursuant to Article 29 of Regulation (EC) No 1/2003, for example, where the existence of a research and development agreement substantially restricts the scope for third parties to carry out research and development in the relevant field because of the limited research capacity available elsewhere, where because of the particular structure of supply, the existence of the research and development agreement substantially restricts the access of third parties to the market for the contract products or contract technologies, where without any objectively valid reason, the parties do not explo ...[+++]it the results of the joint research and development vis-à-vis third parties, where the contract products or contract technologies are not subject in the whole or a substantial part of the internal market to effective competition from products, technologies or processes considered by users as equivalent in view of their characteristics, price and intended use, or where the existence of the research and development agreement would restrict competition in innovation or eliminate effective competition in research and development on a particular market.

As stated in the Guidelines on the application of Article 101(3) TFEU (ex-Article 81(3) TEC), hardcore restrictions are restrictions of competition by object, which by their very nature have such a high potential of restricting competition that it is unnecessary for the purposes of applying Article 101(1) TFEU to demonstrate any actual or likely effects on the market.

( 8 ) WHEREAS THIS REGULATION MUST DEFINE THE OBLIGATIONS RESTRICTING COMPETITION WHICH MAY BE INCLUDED IN AN EXCLUSIVE PURCHASING AGREEMENT ; WHEREAS THE OTHER RESTRICTIONS OF COMPETITION ALLOWED UNDER THIS REGULATION IN ADDITION TO THE EXCLUSIVE PURCHASING OBLIGATION LEAD TO A CLEAR DIVISION OF FUNCTIONS BETWEEN THE PARTIES AND COMPEL THE RESELLER TO CONCENTRATE HIS SALES EFFORTS ON THE CONTRACT GOODS ; WHEREAS THEY ARE , WHERE THEY ARE AGREED ONLY FOR THE DURATION OF THE AGREEMENT , GENERALLY NECESSARY IN ORDER TO ATTAIN THE IMPROVEMENT IN THE DISTRIBUTION OF GOODS SOUGHT THROUGH EXCLUSIVE PURCHASING ; WHEREAS FURTHER RESTRICTIVE OBLIGATIONS AND IN PARTICULAR THOSE WHICH LIMIT THE RESELLER'S CHOICE OF CUSTOMERS OR HIS FREEDOM TO DETER ...[+++]MINE HIS PRICES AND CONDITIONS OF SALE CANNOT BE EXEMPTED UNDER THIS REGULATION ;

( 8 ) WHEREAS THIS REGULATION MUST DEFINE THE OBLIGATIONS RESTRICTING COMPETITION WHICH MAY BE INCLUDED IN EXCLUSIVE DISTRIBUTION AGREEMENTS ; WHEREAS THE OTHER RESTRICTIONS ON COMPETITION ALLOWED UNDER THIS REGULATION IN ADDITION TO THE EXCLUSIVE SUPPLY OBLIGATION PRODUCE A CLEAR DIVISION OF FUNCTIONS BETWEEN THE PARTIES AND COMPEL THE EXCLUSIVE DISTRIBUTOR TO CONCENTRATE HIS SALES EFFORTS ON THE CONTRACT GOODS AND THE CONTRACT TERRITORY ; WHEREAS THEY ARE , WHERE THEY ARE AGREED ONLY FOR THE DURATION OF THE AGREEMENT , GENERALLY NECESSARY IN ORDER TO ATTAIN THE IMPROVEMENT IN THE DISTRIBUTION OF GOODS SOUGHT THROUGH EXCLUSIVE DISTRIBUTION ; WHEREAS IT MAY BE LEFT TO THE CONTRACTING PARTIES TO DECIDE WHICH OF THESE OBLIGATIONS THEY INCL ...[+++]UDE IN THEIR AGREEMENTS ; WHEREAS FURTHER RESTRICTIVE OBLIGATIONS AND IN PARTICULAR THOSE WHICH LIMIT THE EXCLUSIVE DISTRIBUTOR'S CHOICE OF CUSTOMERS OR HIS FREEDOM TO DETERMINE HIS PRICES AND CONDITIONS OF SALE CANNOT BE EXEMPTED UNDER THIS REGULATION ;

As stated in the Guidelines on the application of Article 101(3) TFEU (ex-Article 81(3) TEC), hardcore restrictions are restrictions of competition by object, which by their very nature have such a high potential of restricting competition that it is unnecessary for the purposes of applying Article 101(1) TFEU to demonstrate any actual or likely effects on the market.