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.
Valentine Korah