kartellverbot-pruefung

To check Vertikal-GVO 2022/720 safe harbor applicability, the agreement is evaluated against Art. 4 core restrictions and Art. 5 excluded restrictions. Market shares and cross-border effects are analyzed to determine if the vertical agreement qualifies for the safety harbor exemption.

The Art. 101 III AEUV exemption process requires verifying four cumulative exemption conditions under § 2 GWB. The agreement is subsumed under § 1 GWB / Art. 101 AEUV first, then evaluated against these conditions to determine if an individual exemption applies.

Antitrust compliance assessment applies to both horizontal and vertical agreements. The analysis identifies whether coordinated conduct, decisions, or agreements breach § 1 GWB / Art. 101 AEUV and checks de minimis rules and relevant group exemption regulations.

Verifying FuE-GVO 2023/1066 and Specialization GVO 2023/1067 applicability involves checking the agreement against specific group exemption criteria. The automated subsumtion evaluates whether the horizontal cooperation qualifies under these regulations after the initial § 1 GWB breach assessment.

Breaching the cartel prohibition under Art. 101 AEUV and § 1 GWB triggers specific civil and fine consequences. The analysis supports determining the resulting administrative fines and outlines the potential for private damages claims resulting from the anticompetitive agreement.

Evaluating de minimis limits for an EU antitrust agreement is needed when market shares are low. The subsumtion process applies de minimis rules alongside cross-border effect analysis to determine if the agreement's impact on competition falls below the threshold for Art. 101 AEUV prohibition.