Agreement definition

What does Agreement mean?

Agreement is broadly defined under EU and UK competition law so as to include activities ranging from a legally enforceable contract between two or more parties to an informal albeit clear understanding, whether entered into in writing or verbally.

In practice neither Article 101(1) TFEU or the Competition Act 1998, s 2 require a clear delineation between the concept of agreement or that of a concerted practice with the result that while conceptually it should be possible to distinguish between the two, in practice it is unnecessary. Additionally, agreements do not imply equal involvement of all parties with the result that both 'ring-leaders' and participants with reservations are nonetheless parties to an agreement. The crucial issue is whether there is proof of 'the existence of the subjective element that characterizes the very concept of the agreement, that is to say a concurrence of wills between economic operators on the implementation of a policy, the pursuit of an objective, or the adoption of a given line of conduct on the market.' Bayer AG v. European Commission: Case T-41/96 [2000] ECR II-3383

Discover our 9277 Practice Notes on Agreement

Dive into our 2057 Precedents related to Agreement

See the 3508 Q&As about Agreement

Read the latest 12399 News articles on Agreement

Agreement is referenced 2 in Halsbury's Laws of England

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

  Case studies

"I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. LexisNexis is helping me make money."


Access all documents on Agreement