Analysing horizontal agreements under Article 101 TFEU

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A key proposition underpinning EU competition law is that competing companies should act independently on markets. In principle, rivalry and competition can be expected to ensure the greatest consumer welfare, the most efficient allocation of resources and, with respect to the EU single market project, help further overall market integration. The European Commission (Commission) and other regulators are therefore wary of any arrangements which might dampen competition or reduce commercial uncertainty that would otherwise exist between competitors.

However, EU competition law recognises that certain 'horizontal' agreements entered into by actual or potential competitors (ie undertakings operating at the same level of the supply chain) can lead to substantial economic benefits—in particular, where they combine complementary activities, skills or assets. Horizontal cooperation can be a means of sharing risk, increasing investments, saving costs, pooling know-how, enhancing variety and product quality and increasing the speed/delivery of innovation—thereby generating benefits for consumers and EU trade, as well as attractive commercial advantages for the companies concerned.

This subtopic reviews the EU competition law considerations relevant to cooperative activities carried out by competitors.

Competition issues

Horizontal agreements

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Latest Competition News

Competition weekly highlights—26 February 2026

This week’s edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s interim report in relation to its Getty Images/Shutterstock phase 2 investigation, (2) the government’s issuance of a pre-emptive action order following a PIIN in relation to DMGT/Telegraph Media Group, (3) the CMA’s response to DBT’s working paper on options for reform of non-compete clauses in employment contracts, (4) the EU/UK signing an agreement to co-operate closely on competition matters, (5) the Business Secretary announcing that Doug Gurr has been selected as preferred candidate to remain as Chair of the CMA, (6) the CAT’s judgment on a strike-out application and expert evidence in relation to a collective damages action brought by Ad Tech against Google, and (7) a CAT ruling refusing permission to appeal in a claim alleging competition law breaches by Faculty of Advocates Services. This week’s highlights also includes, from an EU perspective: (1) publication by the Commission of a summary of consultation responses on the ongoing review of the FSR, (2) publication by the Commission of consultation responses received to the review of Regulation 1/2003, (3) the Commission launching a consultation on the draft new State aid General Block Exemption Regulation, (4) publication of the European Parliament’s resolution on the Commission’s 2024 Competition Policy report, and (5) the General Court’s judgment dismissing an action challenging the Commission’s refusal of access to DMA designation documents.

UK Competition law—daily round-up (26/02/2026)

A round-up of UK competition law developments, including the CAT’s judgment regarding Subsidiary Control Act challenge against Gambling Commission’s £70m grant to Camelot.

EU Competition law—daily round-up (26/02/2026)

A round-up of EU competition law developments, including (amongst other things) (1) AG proposes dismissal of Meta appeals against Commission information requests in Facebook Marketplace and Facebook Data investigations, and (2) the Court of Justice issues judgments on 13 appeals against the General Court’s re-adopted judgment concerning the Commission’s air cargo carriers decision.

EU Competition law—daily round-up (25/02/2026)

A round-up of EU competition law developments, including (amongst other things) (1) the General Court’s judgment dismissing an action challenging the Commission’s refusal of access to DMA designation documents, (2) the Commission launches consultation on draft new State aid General Block Exemption Regulation, and (3) EU/UK sign agreement to cooperate closely on competition matters.

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