Horizontal Guidelines (Communication)

The Guidelines’ more detailed information and the newly added explanations on information exchange and standard terms provides undertakings with better conditions for being able to self-assess the conformity of horizontal agreements with competition law and thus fosters competition. Regarding the assessment criteria for “integrated co-operation” and the call for “good faith disclosure” of intellectual property rights, the Guidelines lack clarity and accurate wording. The statements on the “abuse of a dominant position within the internal market” (Art. 102 TFEU) are misplaced in “Guidelines for the applicability of Article 101”.