Jurisdiction(s):
United Kingdom

Key definition

Agreement definition

What does Agreement mean? In competition law practice, an agreement is any form of coordination between undertakings that shows a meeting of minds about market conduct (for example pricing, output, customers or territories). It is not limited to a legally enforceable contract: it includes informal or “gentlemen’s” understandings, oral arrangements, email exchanges and tacit understandings, and extends to decisions of associations of undertakings. Mere parallel conduct is insufficient without evidence of contact or communication. The term is used in legislation and developed by case law: Article 101 TFEU, section 4 of Ireland’s Competition Act 2002, and the UK Chapter I prohibition in the Competition...

Joint Operating Agreements (Oil and Gas): Key Clauses on Scope, Governance, Allocation and Lifting, Operator Liability, Default and Forfeiture, Exclusive Operations, Transfers and Pre-emption, and Dispute Resolution

Published by a LexisNexis Energy expert

Practice notes

The joint operating Agreement (JOA) contains several core commercial terms.

Scope

Broadly, the JOA’s scope is to set out the parties’ respective rights and obligations in relation to operations and activities carried out under the JOA, including joint exploration, appraisal, development, production and the disposal of petroleum products from, and the decommissioning of, the area of joint operations.

The scope is established by identifying the activities that comprise the joint operations and, in parallel, by listing activities expressly excluded from that definition as ‘excluded activities’.

Joint operations can be understood as the activities necessary to exercise the rights and fulfil the obligations that flow from the concession.

Alternatively, the JOA may employ a more technical description of joint operations, aligned to the distinct operational elements of a typical petroleum project, namely exploration, appraisal, pre-development, development, production, disposal and decommissioning.

Over the duration of a concession, these operational elements may arise at different points, and the JOA must therefore provide for a sequenced approach...

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Web page updated on 21/05/2026

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