COMPETITION • EUROPEAN LAW • RESTRICTIVE AGREEMENTS

According to the Commission, the insertion of a rebus sic stantibus clause, which involves the renegotiation of agreements on prices and the sharing of sources of supply in cases of modification of the market structure, infringes Article 101 TFEU where it is included in  an anticompetitive agreement when the parties’ interest is to keep up the agreement and the competition envisaged by the clause does not come into play.