4. What are the exemptions?
Certain agreements or practices which could, a priori , be considered as constituting an agreement or an abuse of a dominant position, reprehensible under competition law, may nevertheless escape the sanctions provided for if they fall into the category of exempted agreements.
A cartel or abuse of a dominant position cannot be condemned when the economic balance sheet shows that the positive aspects of the cartel or abuse of a dominant position predominate.
These practices are then exempted on the basis of article L. 420-4 of the Code de commerce and article 101 § 3 of the TFEU for cartels.
In terms of intellectual property, technology transfer agreements and research and development agreements, because they contribute to improving the production or distribution...
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What are the exemptions?
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Autorité de la concurrence
The Autorité de la Concurrence is an independent administrative authority specializing in the control of anti-competitive practices, market analysis and merger control. Its aim...
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