The rest of the text covers horizontal agreements
, unilateral conduct, vertical agreements that restrict dealing with rivals, distorting downstream distribution of a supplierAEs products, concerted action, and mergers and acquisitions.
Anti-competitive agreements between or among competitors or horizontal agreements
under section 14(a) and (b) are criminal in nature, while other anti-competitive agreements (vertical) under section 14(c) are not.
The actions of the NHL, MLB, the RSNs and the MVPDs would most likely constitute a Section 1 of the Sherman Act claim as they have created horizontal agreements
As a result, such agreements are inherently suspect and certain horizontal agreements
-- such as agreements to fix prices, allocate markets or limit output -- are considered "per se" unlawful; once proven to exist, they cannot be justified by alleged pro-competitive benefits.
Kovacic, The Identification and Proof of Horizontal Agreements
Under the Antitrust Laws, 38 ANTITRUST BULL.
(35) The vast majority of cases find horizontal agreements
between competitors per se invalid due to their anticompetitive nature.
categories, including horizontal agreements
, (28) vertical agreements,
They cover the economic, legal, and historical background of the country, including national and international sources, scope of application, substantive provisions and main notions, and the enforcement system, then examine cartels and other horizontal agreements
, vertical restraints, types of abusive conduct by the dominant firms, and the appraisal of concentrations; the administrative enforcement of competition law, focusing on the antitrust authorities' powers of investigation and the right of defense of suspected companies; voluntary merger notifications and clearance decisions; filing obligations; and the judicial review of administrative decisions; and raising challenges to administrative decisions.
It also adopted several block exemption regulations and guidelines for agreements between suppliers and buyers (vertical and horizontal agreements
), giving companies more freedom to cooperate on product distribution provided their agreements do not contain price-fixing or other restrictions.
With the exception of a very small number of third countries, ASAs between Member States and third countries have been adapted either bilaterally (between a single Member State and a third country), or through "horizontal agreements
" (between the EU and a third country).
First, vertical agreements between competitors were, as a rule, treated the same as horizontal agreements
and were not generally covered under the 1999 BER except under certain restrictive conditions or in the case of nonreciprocal agreements.