Rules On Individual Horizontal Cooperation Agreement To The Release Of The Article 11 Of The Competition Act In The First Part Of A Specific Agreement To Ban

Original Language Title: Noteikumi par atsevišķu horizontālo sadarbības vienošanos atbrīvošanu no Konkurences likuma 11.panta pirmajā daļā noteiktā vienošanās aizlieguma

Read the untranslated law here: https://www.vestnesis.lv/ta/id/133935

Cabinet of Ministers Regulations No. 317 in Riga, 2006 April 25 (Mon. No 24 14. §) rules on individual horizontal cooperation agreement to the release of the article 11 of the Competition Act laid down in the first paragraph of the agreement a ban issued in accordance with article 11 of the Competition Act, the fourth part i. General questions 1. terms used in the rules: 1.1. horizontal cooperation agreements-agreements between existing or potential competitors for the joint action, in order to increase the effectiveness of the economic activity;
1.2. research and development-transfer of know-how relating to products or processes, theoretical analysis, systematic study or experimentation (including the pilot), a product or process, the technical review, the creation of the necessary equipment, as well as the intellectual property of the results of research and development;
1.3. the specialization agreements-horizontal cooperation agreements under which one party undertakes the arrangement to end the production of certain goods or refrain from the production of goods and buy them from the other parties to the arrangement, which undertakes to produce and sell this product, or the agreement, whereby two or more parties to the agreement undertake to end the set, but different goods or refrain from the production of goods and buy it from one or more of the parties to this agreement that, in turn, undertakes to produce and sell these goods;
1.4. an agreement on a common product standard-horizontal cooperation agreements under which the players agree on common technical or quality requirements currently or in the future, it produced item, suitable for the production process or method;
1.5. the know-how-a patent he set of information practice resulting from experience and testing. This information is not widely known and available, it is indispensable in the production of goods or the process applied in the equestrian, and above the signs are impossible to verify. 2. the rules provide: 2.1. single market horizontal cooperation agreements are exempt from article 11 of the competition act referred to in the first subparagraph if the tubers generally prohibited, this agreement meets all the requirements contained in these provisions;
2.2. single market horizontal cooperation agreements which are not required to inform the competition Council in accordance with article 11 of the Competition Act, the second and third part, if this activity does not significantly affect competition. 3. These rules also apply to horizontal co-operation agreements, whereby two or more market participants agree jointly to ask for any other person who is not their existing or potential competitor, to meet some of their economic function, or organize them in common. 4. These rules also apply to horizontal cooperation agreement that one of the stages of implementation is a joint membership of the company, as the participants in obtaining joint decisive influence, it also without the acquisition. 5. These provisions do not apply to horizontal cooperation agreements which entered into insurance, passenger or goods transport. 6. The provisions referred to in paragraph 2 shall apply in respect of the exemption of such horizontal cooperation agreement if it meets all the requirements laid down in these provisions: 6.1. specialization agreements;
6.2. the agreement on the joint production of goods (including agreement on joint production of goods);
6.3. the agreement on the procurement of common goods;
6.4. an agreement on the common goods sale or distribution;
6.5. the agreement on joint product advertising or other promotion of the goods;
6.6. the arrangements for the product or process in a joint research and development;
6.7. the agreement on the results of the research and development of joint exploitation, if research and development is carried out in accordance with existing or previous agreement between the same parties to the agreement;
6.8. the agreement on common product standard. 7. This provision the exemption referred to in paragraph 2 shall apply in relation to horizontal cooperation agreement if the players involved total market share with the agreement of the affected relevant market does not exceed 15% (except those rules specifically defined exceptions). 8. This provision, the exemption referred to in paragraph 2 shall not apply to horizontal cooperation agreements which directly or indirectly contains a horizontal cartel agreement. II. Specialisation agreement and agreement on joint production of goods release from article 11 of the competition act the prohibition laid down in the first subparagraph of article 9 of these rules the exemption referred to in paragraph 2 shall apply to the specialization agreement and agreement on joint production of goods, if the players involved total market share with the agreement of the affected relevant market does not exceed 20%. 10. This provision, the exemption referred to in paragraph 2 shall also apply if: 10.1. specialization agreements containing exclusive sales (supply) agreement, implemented under the agreement, specialisation or not compete obligation in respect of the goods in the purchase agreement;
10.2. specialisation agreements or agreements on joint production of the goods under either of the Parties shall agree on the arrangement of goods sale or joint distribution or agree to the nominator to fix another person on an exclusive or non-exclusive dealer, unless that person is an existing or potential competitor. III. Arrangement of joint research and development exemption from competition law article 11, first paragraph, the prohibition laid down in that provision 11 exemption referred to in paragraph 2 shall apply in relation to horizontal cooperation agreement of joint research and development (this rule 6.6 and 6.7) to joint research and development time and seven years after the sales agreement commences, if at the time of the conclusion of the agreement between market players involved total market share of goods that can be improved or replaced with a product of the arrangement, the market does not exceed 25%. 12. If a joint research and development carried out non-competitive players, but results that operators used in common, the exemption shall apply for a period of seven years after the launch of the sales agreement, but after the expiry of that exemption shall continue to apply as long as the players involved total market share of goods improved or replaced with a product of the arrangement, the market does not exceed 25%. 13. This provision the exemption referred to in paragraph 2 shall apply in relation to horizontal cooperation agreement of joint research and development (this rule 6.6 and 6.7) if it meets the following conditions: 13.1 the agreement participants are all permitted to use common research and development results in bas for further research and development purposes. However, scientific institutions or market operators who perform research and development as an economic activity, but usually does not use its results, may agree to use the results of research and development for a further research;
13.2. If the agreement provides only for joint research and development, each party has the right to independently use the results of research and development, as well as all the existing know-how (know-how) required for such use. The use of such rights may be limited only in relation to one or more technical fields of use in which the parties are not competing in the market at the time of the conclusion of the agreement;
13.3. the results of the research and development of common usage refers to results which are protected by intellectual property rights or has the know-how, and which are essential for the production of the goods or of the arrangement agreement process. 14. This provision, the exemption referred to in paragraph 2 shall not apply to horizontal cooperation agreement of joint research and development (this rule 6.6 and 6.7), if the agreement, directly or indirectly, at least one of the following conditions: 14.1 limitation agreements the parties to carry out research and development independently or in cooperation with third parties in which specific research and development or related field-not at the particular execution of research and development-related field;
14.2. the prohibition by the research and development agreement or expiry of the deadline to challenge intellectual property rights related to research and development. This prohibition does not apply to the right to terminate the agreement if one of the parties challenged the said intellectual property rights;

14.3. the prohibition to grant third parties the right to produce goods or to apply the agreement process, if a joint research and development results are not used or if the agreement provides that at least one of the parties to the arrangement of the joint research and development results will not be used. IV. Agreement on common standards for exemption from the competition act article 11, first paragraph, the prohibition laid down in article 15 of these rules the exemption referred to in paragraph 2 shall apply to horizontal cooperation agreement on common standards apart from the operators of a joint market share, except where such agreements result in another market participant is forced to leave a particular market or potential market is difficult to access the members in a particular market or agreement directly or indirectly, at least one of the following conditions: 15.1 the Agreement prohibits the parties to develop an alternative to the goods or to sell standard that does not comply with the common standard;
15.2. agreements give the person the exclusive right to examine the goods for compliance with the standard;
15.3. the agreement enables the parties jointly control the manufacturing process or certain stages of production by limiting the parties ' ability to compete with the individual characteristics of the goods. V. concluding questions On horizontal cooperation 16. agreement that applied this provision, the exemption referred to in paragraph 2, the competition Council should not be informed by means of a notification in accordance with article 11 of the competition act to the second part. 17. The competition Council is empowered to prohibit the Board with one of the horizontal cooperation, which in accordance with these regulations is exempted from article 11 of the Competition Act laid down in the first paragraph of the agreement, if the effect of the prohibition is not in conformity with article 11 of the competition act in the second part of these conditions, except where the market share of the total market, which concluded a cooperation agreement, horizontal in the relevant market affected by the agreement in question, does not exceed 10 percent. Prime Minister a. Halloween economic ministers-Minister of education and science Rivž of B.