Final Treatment Sample Clauses

Final Treatment. Individual Exemption 31 4.4.4.1 Contribution to economic welfare 31 4.4.4.2 Fair Share of Benefit to Consumers 33 4.4.4.3 Indispensability of Restriction 34 4.4.4.4 Non-elimination of Competition 35 4.4.4.5 Conclusion 36 4.5 Legal Assessment of Pooling Agreement and IGA under Article 102 TFEU37 4.5.1 Relevance of Article 102 TFEU to Pooling Agreement and IGA 37 4.5.2 Appraisal of Abuse 38 4.5.2.1 Conception, Classification and Approach 38 4.5.2.2 Non-Exploitative Abuse: Minimum Common level of Cover 39 4.5.2.3 Non-Exclusionary Abuse: Reinsurance Provisions 40 4.5.2.4 Conclusion 42 5 Prospects of Pooling Agreement and IGA under Reopened EU Competition Probe 43 5.1 Delineation of Reopened Commission’s Competition Probe and Altered Legal Environment 43

Final Treatment. Individual Exemption When the Pooling Agreement and the IGA, particularly the restricted quotation and minimum cost for tankers, could not be embraced by the “safe harbour” of block exemption, the last escape from Article 101(1) TFEU is the individual exemption upon Article 101(3). Article 101(3) sets down four separate and cumulative conditions for declaring Article 101(1) inapplicable, namely, contribution to economic welfare; fair share of benefit to consumers; indispensability of restriction and non-elimination of competition. Credit obtained by a restraint for passing any particular condition by a considerable margin cannot be taken advantage of at a later stage if the restraint fails to satisfy a subsequent condition for exemption.84 A series of tests on both positive and negative sides has to be completed.