section 1 of this Act apply to the following contracts concluded between
companies (the parties) concerning the conditions for their
produktspecialisering (specialisation agreements):
1. Unilateral specialisation agreements between two parties
active on the same product market, whereby one party agrees
to partially or completely cease production of certain
products or to refrain from producing these products
and buying them from the other party who undertakes to
produce and deliver these products.
2. reciprocal specialisation agreements between two or more
Parties that are active on the same product market, whereby two
or more parties mutually agree to completely or
partially cease or refrain from producing some, but
different products and to purchase these products from
other parties, who undertake to produce and deliver
them.
3. joint production agreements, whereby two or more
Parties undertake to jointly manufacture certain products.
The provision in Chapter 1. section 6 of the Competition Act (2008:579) shall also
apply to agreements under this Act. Law (2011:873).
section 2 Under the conditions laid down in paragraph 3 of the terms of such
specialisation agreements which contain restrictions on competition
covered by Chapter 2. paragraph 1 of the Competition Act (2008:579) exception
from the prohibition provided for in the same paragraph to such agreements. Exception
However, only for those categories of agreements that meet
the conditions for exemptions in Chapter 2. section 2 of the competition act.
Of Chapter 2. paragraph 3 of the Competition Act, it follows that the FCA can
decide that an individual agreement, which as a result of a
block exemption under this Act is exempt from the prohibition in 2
Cape. paragraph 1 of the same law, should not be covered by the exemption if the agreement
has effects which are incompatible with Chapter 2. section 2 of the competition act.
section 3 of the terms of the agreements apply the provisions of
Commission Regulation (EU) no 1218/2010 of 14 december
2010 on the application of article 101(3) of the Treaty on
The functioning of the European Union to certain categories of
specialisation agreements Similarly, with the exception of
articles 2(1), 6, and 7. However, the references to
the exemption provided for in article 2(2) and (3) and articles 3 and 5 relate to section 2 of the
in conjunction with § 1. Law (2011:873).
Transitional provisions
2011:873
1. This law shall enter into force on 1 August 2011.
2. Older regulations valid until end of december 2012
for agreements which were in force on 1 August 2011. Older
regulations does not apply to agreements which at the
entry into force satisfies the conditions for block exemption under
the new regulations.
