EU joint purchasing agreements: assessment under the pre‑2023 Horizontal Guidelines—Article 101 TFEU, market power thresholds, collusion risks and efficiencies
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Practice notes
ARCHIVED: Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023.
This Practice Note was prepared with the earlier Horizontal Guidelines in mind and is not maintained. For the most up to date material, please refer to the relevant section in Practice Note: Analysing horizontal co-operation agreements under EU competition law.
Joint purchasing agreements are arrangements through which two or more undertakings—often a considerable number—agree to buy together all or part of their product needs.
These agreements can produce meaningful benefits for consumers and markets. They may secure cost efficiencies, such as lower purchase prices and reduced transaction, transport and storage costs, stemming from the parties’ greater purchasing power and economies of scale, with savings then passed on to customers.
They can also provide qualitative advantages, for instance by encouraging suppliers to innovate and to introduce new or improved products into the market.
However, in certain circumstances joint purchasing may raise serious competition law concerns, particularly where the parties hold a significant degree of market power...
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Web page updated on 21/05/2026
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