Towards contract modeling under the exemption regime for some of the accords enshrined in competition law

Abstract

Firms frequently enter into cooperation agreements with their competitors, called: research and development agreements, joint production agreements, agreements group purchasing, marketing and standardization agreements or environmental protection, etc. by concluding contracts. This coordination of behavior between competitors can be beneficial, if for example it allows the different parties to share the risks associated with an investment, to achieve cost savings, to pool know-how or to launch an innovation more quickly on the market. However, these agreements can also pose a problem with regard to competition, in particular when the members of the agreement coordinate their actions with the primary aim of fixing a price higher than that resulting from the free play of competition: this type of cooperation between competitors is often referred to as a “restrictive cartel”, “collusion” or “Cartel”. However, it can be licensed, but according to certain limits.