| Commentary

98 Points to note

| Commentary

98 Points to note

  1. 98.1

        Article 101(1) of the Treaty on the functioning of the European Union (TFEU) will not normally apply to agreements between

    1. 98.1.1

          a subsidiary and parent;

    2. 98.1.2

          a principal and agent;

    3. 98.1.3

          a contractor and a sub-contractor.

  2. 98.2

        Article 101(1) can apply to both horizontal agreements (parties at the same level in a market) and vertical agreements (parties at different levels in a market).

  3. 98.3

        ‘Agreement’ has a wide meaning, including, besides a formal contractual agreement, any form of collusion, understanding, trade association recommendation etc.

  4. 98.4

        ‘Affect trade between member states’ does not mean that

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