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Application of competition rules
Articles 101 to 106 TFEU and their implementing provisions shall apply to agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to production or marketing of fishery and aquaculture products.
Exceptions to the application of competition rules
1. Notwithstanding Article 40 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of producer organisations which concern the production or sale of fishery and aquaculture products, or the use of joint facilities for the storage, treatment or processing of fishery and aquaculture products, and which: (a) are necessary to attain the objectives set out in Article 39 TFEU; (b) do not imply any obligation to charge identical prices; (c) do not lead to the partitioning of markets in any form within the Union; (d) do not exclude competition; and (e) do not eliminate competition in respect of a substantial proportion of the products in question. 2. Notwithstanding Article 40 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of inter-branch organisations which: (a) are necessary to attain the objectives set out in Article 39 TFEU; (b) do not entail any obligation to apply a fixed price; (c) do not lead to the partitioning of markets in any form within the Union; (d) do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage; (e) do not eliminate competition in respect of a substantial proportion of the products in question; and (f) do not restrict competition in ways which are not essential for the achievement of the objectives of the CFP.
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