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Assessing joint commercialisation agreements under EU competition law: Article 101 TFEU object/effect analysis, vertical/dual distribution, information exchange, and 101(3) efficiencies (pre-2023 Horizontal Guidelines)

Published by a LexisNexis Competition expert

Practice notes

ARCHIVED: The revised Horizontal Guidelines appeared in the Official Journal on 21 July 2023. This Practice Note was prepared with the earlier Horizontal Guidelines in mind. It is no longer maintained. For up-to-date content, please refer to the relevant section in Analysing horizontal co-operation agreements under EU competition law.

What is a joint commercialisation agreement?

Joint commercialisation agreements entail co-operation between rivals concerning the sale, distribution, or promotion of interchangeable products. Such arrangements span from deals that jointly set every commercial element of selling the products (including price) to narrower pacts tackling a single commercialisation task (for example, distribution, after-sales support, or advertising). These agreements can produce substantial advantages derived from economies of scale or scope, notably for smaller manufacturers. Yet, in some situations they may trigger serious competition law issues, especially where the parties hold a meaningful degree of market power, the collaboration is not objectively required to allow one or more parties to access the relevant market, or the co-operation includes sharing competitively sensitive information. Careful assessment of joint commercialisation agreements is therefore vital, reflecting potential gains and risks around market power, objective necessity for entry, and exchange of competitively sensitive information by parties in the relevant market...

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Web page updated on 21/05/2026

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