Art. 4 - Hardcore restrictions - Regulation 1218-2010

Article 4

Hardcore restrictions

The exemption provided for in Article 2 shall not apply to specialisation agreements which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have as their object any of the following:
(a) the fixing of prices when selling the products to third parties with the exception of the fixing of prices charged to immediate customers in the context of joint distribution;
(b) the limitation of output or sales with the exception of:
(l) provisions on the agreed amount of products in the context of unilateral or reciprocal specialisation agreements or the setting of the capacity and production volume in the context of a joint production agreement; and
(ii) the setting of sales targets in the context of joint distribution;
(c) the allocation of markets or customers.