The „in itself“ rule for horizontal agreements does not apply to vertical agreements. Therefore, a vertical agreement is not in itself anti-competitive or does not have a material negative effect on competition. 6 Joint Ventures („JV“) – Agreements in which two or more independent companies allow their activities to achieve a commercial objective, the main characteristics: limited integration of the business to preserve the economic independence of companies relating to competition rules (which fall under the Merger Regulation) x cooperative NVs (which may fall within the scope of Article 101/1) Production of the joint venture, sale by the joint venture, risk factor (could each partner bear the technical and financial risks inherent in the production of the joint venture alone?) 13 c) Production agreements (1) Horizontal subcontracting contracts (the „subcontractor“ entrusts the manufacture of a product to the „subcontractor“) Unilateral Specialization Agreements – „agreements between two parties operating in the same product market) – a party undertakes to stop the production of certain products in or in part or not to produce these products and to obtain them from the other party who agrees to manufacture and deliver the products products „Mutual Specialization Agreement – “ two or more parties, on the basis of reciprocity, cease or refrain from producing, in whole or in part, certain but different products, and to purchase these products from other parties who agree to produce and deliver them“ subcontracts with the aim of extending production – „the subcontractor is responsible for the subcontractor of the manufacture of a product, while the contractor does not simultaneously stop or limit its own production of the product“ 25 Specific vertical restrictions (2) Pre-access (, slotting supplements, pay-to-stay-geb-hren, payments to access the promotional campaigns of a dealer in the category of management contracts – the distributor charges the supplier (the „captain category“) of the marketing of a category of products that , in general, are not just suppliers of the products in the category. , but also the products of its competitors attachments – customers, the purchase of a product (the binder) are also required to: The purchase of another specific product (the related product) by the same supplier or by a person designated by that same supplier may constitute an abuse of the dominant position of the sales price restrictions – the maintenance of the resale price → recommend a resale price to a reseller or require a resale price from the resellers maximum („RPM“) (below) 23 Analysis of vertical restrictions in four stagesFindition of the relevant market to determine the market share held by the supplier or buyer Definition DesinIf the relevant market share of the beggar or the buyer If the relevant market share not exceed the 30% threshold gilt die vertikalen vereinbarung unter Verordnung exemption (Verordnung Nr. 330/2010) If the relevant market share is above the 30% threshold , it should be evaluated: , whether the vertical agreement distorts competition (if it falls within the scope of Article 101/1 TFUE) Relevant factors: position of supplier, competitor and buyer, barriers to entry, type of product, … If the vertical agreement falls under Article 101/1 of the EUTS, it should be considered whether it meets the exemption requirements under Article 101/3 of the EUTS.