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Market Sharing Agreement Deutsch

The process of defining the relevant market in practice hinders and exchange costs related to the diversion of orders to companies in other sectors. For example, the absence of cross-border purchases or trade flows does not necessarily mean that the market is only national in scope. Nevertheless, the obstacles which isolate the national market must be identified before concluding that, in that case, the relevant geographic market is national. Perhaps the most obvious obstacle for a customer to reroute their orders to other areas is the impact of transport costs and transport restrictions arising from legislation or the nature of the products concerned. The impact of transport costs will generally limit the volume of the geographic market for bulky products of poor quality, taking into account that a transport disadvantage can also be offset by a comparative advantage over other costs (labour cost or raw materials). Access to distribution in a given area, remaining regulatory barriers in certain sectors, quotas and tariffs may also be barriers that isolate a geographical area from competitive pressure from companies outside that area. Significant foreign exchange costs associated with purchasing supplies from companies based in other countries are additional sources of these barriers. Views of customers and competitors. Where appropriate, in the course of its investigations, the Commission will contact the parties` main customers and competitors in order to have obtained its views on the boundaries of the geographic market and on most of the factual information it needs to reach a conclusion on the size of the market, if duly supported by factual evidence. The actual model and the evolution of trade flows provide useful additional guidance on the economic importance of the above-mentioned demand or supply factors and the extent to which they may constitute real barriers that create different geographic markets. The analysis of trade flows will generally focus on the question of transport costs and the extent to which they can hinder trade between different areas, taking into account the location of facilities, production costs and the relative level of prices. On the basis of the information gathered, the Commission will then define a geographic market that can range from a local to a global dimension, and there are examples of local and global markets in previous Commission decisions. For example, an agreement that would otherwise fall under Chapter 1 or Article 101 may be considered harmless if the parties are not actual or potential competitors or if they have such small market shares that there can be no real impact on competition or trade within the UK or between EU Member States.

However, agreements considered to be targeted, including antitrust practices, are almost always contrary to competition rules, irrespective of market shares. Each lays down certain conditions that must be met in order for the agreement to be exempted from the block exemption. Those conditions may include, for example, conditions relating to the market shares held by the parties and the types of restrictions contained in the agreement. A number of EU block exemptions have been introduced into UK national law, with some minor changes, and will continue to apply after Brexit under UK competition law. In some cases, the existence of substitution chains may lead to the definition of a relevant market where products or sectors at the extreme end of the market are not directly substitutable. An example could be the geographical dimension of a product with considerable transport costs. In such cases, deliveries from a given facility are limited to a specific area around each facility due to the impact of transportation costs. In principle, such an area could constitute the relevant geographic market. However, if the distribution of plants is such that there is significant overlap between areas around different facilities, it is possible that the pricing of these products is limited by a substitution effect to the chain and leads to the definition of a wider geographic market. . .

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