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The EU Court of Justice states that Article 81 does not apply to an agreement between a parent and its subsidiary which although having separate legal personality enjoys no economic independence (Béguelin / GL)

JUDGMENT OF THE COURT 25 NOVEMBER 1971 [1] Béguelin Import Co. and Others v S.A.G.L. Import Export and Others [2] (Reference for a preliminary ruling by the Tribunal de Commerce, Nice) Case 22/71* 1. An exclusive dealing agreement does not fall under the prohibition imposed by Article 85(1) of the Treaty merely because the concession granted under that agreement has been transferred from a parent company to its subsidiary, which, although having a separate legal personality, enjoys no economic independence. 2. (a) If

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