Chapter 4 - Information on the object and/or effect of the agreement and on the position of the parties on the market
Section 1 - Aspects of the agreement which appear to restrict competition
Describe the aspects of the agreement which might restrict the freedom of the parties to take independent commercial decisions, with particular regard to:
- buying or selling prices, discounts or other trading conditions;
- the quantities of products to be manufactured or distributed or services to be offered;
- market access or outlets;
- investment, technical development or technological progress;
- the choice of markets or sources of supply;
- the application of different terms for the supply of equivalent products and services; - the offer of different products or services separately or together.
State whether, and for how long, the notified agreement has been implemented by the undertakings parties to it, and if it has achieved its purposes.
Section 2 - The competitive position of each of the parties to the agreement on each market relevant to the agreement
Please supply (a) an estimate of the market share (in value and volume) of each of the undertakings parties to the agreement and their parent and subsidiary undertakings on the relevant market, for each of the last three years; (b) an estimate of the market share of the main competitors (both Italian and foreign) operating on the same markets, indicating the five largest ones (providing, where available, useful information for contacting them); (c) a list of the five main customers of each undertaking party to the agreement (providing, where available, useful information for contacting them).
Supply an estimate of capacity utilisation of the undertakings parties to the agreement and, where available, that of the competitors.
Furthermore, if the agreement affects several relevant product or service markets, (a) provide an estimate of the total market share of the undertakings parties to the agreement, and that of their parent and subsidiary undertakings, on each of the affected markets for each of the last three years; (b) state which agreements of a similar nature already exist between each of the undertakings parties to the agreement and other undertakings; (c) indicate any other undertakings operating on markets affected by the agreement and/or any other agreements between undertakings affecting the same markets and specifying, where available, the market shares of these undertakings on each market.
State whether the undertakings parties to the agreement, and their parent and subsidiary undertakings, are active in markets neighbouring the relevant market or markets upstream and/or downstream from those included in the relevant market for the agreement.
For each undertaking indicated in Chapter 1 supply: (a) a list of all the other undertakings operating on the markets affected by the agreement on which they hold, individually or jointly with other undertakings, 10 per cent or more of the share capital (5 per cent in the case of listed companies) or of the shares with voting rights, specifying the percentage held; (b) a list of the members of their boards of management who are also members of the boards of management of competing undertakings on the markets affected by the agreement, naming those undertakings, the term of office and the functions of each.
Supply, where available, information on the presence of co-operative agreements similar to those forming the subject matter of the notification, both on the relevant market and on neighbouring markets, in geographic terms or in terms of the type of product, indicating whether any one of the undertakings parties to the agreement is a party to any such agreements.
Section 3 - Description of potential competition
Estimate the likelihood that any new competing undertakings have to enter the markets affected by the agreement, particularly following a a substantial increase in prices of more than 10 per cent, indicating: (a) whether there exist significant economic entry barriers, with particular reference to the ratio between the minimum optimum scale of production and the size of the market, the exclusive availability of raw materials, the importance of research and development and promotional activities, the possession of industrial and trade property rights, and lastly the vertical integration of the undertakings operating on the market or the existence of long-term contractual agreements between undertakings operating at different levels of the production chain; (b) whether there exist significant institutional entry barriers, with specific reference to the requirement of government authorisations or any other kind of legal or regulatory controls; (c) whether, in the past three years, any new competing undertakings have entered the market, specifying which undertakings have entered and where available the market share they have acquired; (d) whether it is likely that undertakings operating on the same product market but in distinct geographic markets are able to enter the relevant market.
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