EU competition law: effects-based self-assessment of restrictive agreements under Article 101(3) TFEU—efficiencies, consumer pass-on, indispensability and block exemptions
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Practice notes
There are many legitimate grounds for companies to enter agreements that include terms or obligations which may curb competition. This is particularly so where the arrangement is put in place to create or foster beneficial outcomes—so‑called ‘efficiencies’—that would not arise without the restriction. In broad terms, such efficiencies stem from vertically or horizontally aligned businesses collaborating to achieve something that, on their own, they could not accomplish—or at least not as efficiently—owing to financial, technical and/or logistical constraints. Research and development, production, purchasing, and distribution/sales constitute distinct stages in the supply chain, with firms at each step deciding whether to undertake the process alone or with others. When collective rather than individual action is optimal, the parties may agree to restraints or obligations considered necessary to safeguard an investment connected to, for instance:
- the development of a geographical market
- a technology
- a production plant
- an industrial process
or, alternatively, to increase the parties’ purchasing power vis‑à‑vis a powerful supplier. More commonly, restraints may simply be needed to facilitate day‑to‑day business activities such as distribution and/or supply/purchasing arrangements...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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