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  1. 2 Baltic Journal of Law & Politics

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  1. 2 2012

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  1. 2 Puksas A.

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The EU Practice of Horizontal Agreement Assessment in Accordance with the Rule of Providing De Minimis Exemption

100%
Puksas A.
Baltic Journal of Law & Politics
|
2012
|
vol. 5
|
issue 2
65-80
EN
This article analyses the practice of horizontal agreement assessment in accordance with its impact on competition. The following research is based on analysis of scientific literature, current provisions of European Union and national legal acts, as well as official positions of the European Commission (hereinafter - EC) and national authorities. The current inconsistent practice of horizontal agreement assessment within the EU creates space for multiple interpretations. It is important to emphasize that the assessment rules provided in legal acts are, by their nature, only guidelines. More flexibility, but also more obscurity, in the assessment process bring with it the possibility for institutions to independently set priorities (for instance ‘priority rule’ in Lithuanian legislation, i.e. in the Articles 18.2.3. and 24.2.8 of the Law on Competition of the Republic of Lithuania, Official Gazette, 2012, no. 42-2041). The article analyses current regulation of horizontal agreement assessments in accordance with minor impact on competition.
2

On the Potential to ApplyDe MinimisExemption for Agreements Containing Hardcore Restraints: European Union Practice

88%
Puksas A.
Baltic Journal of Law & Politics
|
2012
|
vol. 5
|
issue 1
46-69
EN
The article analyzes the possibility to apply de minimis exemption for agreements containing hardcore restraints. The statements are derived from analyses of scientific literature, relevant legislation, and the practice of courts and authorities responsible for competition maintenance.Current European Union legislation excludes agreements containing hardcore restraints from applying de minimis exemption. The early practice of the European Court of Justice (hereinafter - ECJ) and the newest national courts' (e.g. Spain) decisions do not reflect this position. Furthermore, in 2010 the Netherlands broadened the application of de minimis exemption.The article approaches a wide range of possibilities rather than the dogmatic practice of de minimis exemption. Besides the analysis of relevant jurisprudence, the article also assesses competition law specialists' opinions and possible solutions that proceed from the current situation.
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