This Report sets out the results of inquiry into the competition law of the Member States and the practices followed by them in cartel cases concerning horizontal cooperation between undertakings. It has been originally prepared at the request of the Directorate General IV - Competition of the European Commission by a working group set up by the Academy of European Law with the aim to be used in the preparation of decision-making by the Commission concerning the future competition policy of the European Community in the field of horizontal cooperation.

Structure of the Report:

Introduction

I. Definition of Horizontal Agreement

II. Principles, Objectives and Policy Underlying National Competition Legislation and Practice with Regard to Horizontal Cooperation

1. Principles Underlying the Legal Rules Governing Horizontal Cooperation Between Undertakings in the Member States

2. Exception to the Prohibition of Cartels

III. National Practice on Horizontal Agreements

A. Permissible types of Horizontal Agreements

1. Research and Development

2. Specialisation Agreements

3. Joint Buying (Special Consideration Given to Cooperatives)

4. Standardisation

5. Other Types of Cooperation Agreements: Crisis Cartels and Rationalisation Cartels

B. Forms of Horizontal Agreements: Joint Ventures

C. Horizontal Agreements in Specific Sectors (Financial Services; Transport)

IV. Criteria for the Assessment of Horizontal Agreements

1. The Assessment Criteria Applied

2. Group Effects in the Case of Cooperative Joint Ventures

3. Assessment from the Standpoint of Abuse

4. Limits Applying to Cooperation

V. Recapitulatory Summary