Law (2008:582) On Block Exemption For Agreements Specialisation Agreements

Original Language Title: Lag (2008:582) om gruppundantag för konkurrensbegränsande specialiseringsavtal

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:582

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.