It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty.
Exclusive supply agreements, the execution of which does not require the goods in question to cross national frontiers, do not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17.
Article 88 of the EEC treaty refers to national rules on jurisdiction and procedure, with the result that the phrase ‘authorities in member states’ which appears both in this provision and in article 9(3) of regulation no 17 includes national courts.
The acknowledged power of the authorities in member states to apply article 85(1) of the eec treaty implies the power to apply paragraph (2) of that article.
An agreement between undertakings which is exempt from notification and which has not been notified is fully effective for so long as it has not been found to be void.
Citations:
R-43/69, [1970] EUECJ R-43/69
Links:
Jurisdiction:
European
Commercial
Updated: 21 June 2022; Ref: scu.214095