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05. 09. 2010 - Brüssel: 12:44

zum Commission Regulation (EC) No 2658-2000 of 29 November 2000 on the application of Article 81(3) of the Treaty to categories of specialisation agreements (Text with EEA relevance) InhaltsverzeichnisHaftungsausschluss
 
vorheriger Paragrafnächster Paragraf
Article 2
 
 Gesetzestext(Berücksichtigter Stand der Gesetzgebung: 1. April 2008)
Definitions
For the purposes of this Regulation:
1. "Agreement" means an agreement, a decision of an association of undertakings or a concerted practice.
2. "Participating undertakings" means undertakings party to the agreement and their respective connected undertakings.
3. "Connected undertakings" means:
(a) undertakings in which a party to the agreement, directly or indirectly:
(i) has the power to exercise more than half the voting rights, or
(ii) has the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking, or
(iii) has the right to manage the undertaking's affairs;
(b) undertakings which directly or indirectly have, over a party to the agreement, the rights or powers listed in (a);
(c) undertakings in which an undertaking referred to in (b) has, directly or indirectly, the rights or powers listed in (a);
(d) undertakings in which a party to the agreement together with one or more of the undertakings referred to in (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers listed in (a);
(e) undertakings in which the rights or the powers listed in (a) are jointly held by:
(i) parties to the agreement or their respective connected undertakings referred to in (a) to (d), or
(ii) one or more of the parties to the agreement or one or more of their connected undertakings referred to in (a) to (d) and one or more third parties.
4. "Product" means a good and/or a service, including both intermediary goods and/or services and final goods and/or services, with the exception of distribution and rental services.
5. "Production" means the manufacture of goods or the provision of services and includes production by way of subcontracting.
6. "Relevant market" means the relevant product and geographic market(s) to which the products, which are the subject matter of a specialisation agreement, belong.
7. "Competing undertaking" means an undertaking that is active on the relevant market (an actual competitor) or an undertaking that would, on realistic grounds, undertake the necessary additional investments or other necessary switching costs so that it could enter the relevant market in response to a small and permanent increase in relative prices (a potential competitor).
8. "Exclusive supply obligation" means an obligation not to supply a competing undertaking other than a party to the agreement with the product to which the specialisation agreement relates.
9. "Exclusive purchase obligation" means an obligation to purchase the product to which the specialisation agreement relates only from the party which agrees to supply it.
[Druckversion]


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