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This Article describes the concerns of the European Commission’s Competition Department about joint ventures for research and development and the problems caused for businessmen by the Commission’s practice of exempting rather than clearing agreements that make the market more competitive. National courts may follow the Commission’s practice in relation to Article 85(1), and they have no power to exempt. Consequently, ancillary restrictions on conduct that make it worthwhile for a party to contribute to a joint venture may not be enforceable.

yearbook of european law

Collaborative Joint Ventures for Research and Development where Markets are concentrated: the Competition Rules of the Common Market and the Invalidity of Contracts