The ECJ makes less of a distinction between horizontal and vertical cooperation than that of the United States. This is probably because the ECJ is influenced by strong principles of market integration. (2) Rule-based offences – a set of circumstances that raise the question of whether cooperation promotes or suppresses competition in the market (i.e. vertical restrictions on non-prices, for example. B when a dealer can sell). Competition law in the United States is defined primarily by Section 1 of the Sherman Act[9], which prohibits any agreement that unduly restricts competition and affects intergovernmental trade. In the United States, infringements can be categorized primarily into two categories: EU jurisprudence defines horizontally e.V. as “cooperation between two or more real or potential competitors” and vertically as “cooperation between companies operating at different levels of the production or distribution chain. [2] At this stage of the analysis, the American and European courts define horizontal and vertical cooperation very similarly. In the United States, horizontal cooperation is generally defined as a restriction imposed by agreements between competitors and vertical restrictions imposed by enterprise-to-company agreements at different levels of a distribution chain. [3] In relation to the distinction between horizontal and vertical cooperation, the U.S. SC therefore distinguishes a greater distinction when horizontal provisions are more easily condemned, since the vertical regime is generally self-motivated.

The content below examines the differences between horizontal and vertical cooperation in the area of EU competition law. To better understand the approach of the European Court of Justice (ECJ), the analysis also compares the differences between the horizontal and vertical cooperation of the United States Supreme Court (US SC). The analysis concludes that the ECJ is primarily motivated by market integration principles and that, in most cases, it does not distinguish the U.S. SC as well. The analysis below is based on 14 European competition law cases in the area of concerted practices. In most cases, this is horizontal cooperation as opposed to vertical cooperation.