Agreements that restrict competition may benefit from individual exemption under Article 101(3) where their pro-competitive effects outweigh their anti-competitive effects.  Individual agreements may be exempted on a case-by-case basis if four cumulative conditions are met:

1. The agreement results in efficiency gains;

2. Consumers receive a fair share of the benefits;

3. The restrictions are indispensable to achieving those benefits; and

4. There is no substantial elimination of competition.

Certain anti-competitive agreements may also benefit from an automatic exemption because they fall within the scope of a “block exemption regulation.” There are currently nine block exemption regulations that allow certain types of agreements to be exempted from the prohibition laid down in Article 101(1) TFEU.

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