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OK, but it's an agreement to make sure that production never gets too limited. That may be to "control production", but it sure isn't to "limit" it.


You could also see it as limiting (and controlling) the production of plant maintenance work.

For an example of why this is anti-competitive imagine there are 4 producers A, B, C and D. A, B and C agree that they will co-ordinate shutdowns such that they are shut down for four months of the year each. D is not party to this agreement so must shutdown at a time when one of the other producers is shutdown. During this time their are only 2 producers online meaning increased prices and a net benefit to A, B and C whilst the cost of getting maintenance engineers will also increase because they are working simultaneously with either A, B or C which is a net loss to D.


> However article 101(3) allows these agreements if it "contributes to improving the production or distribution of goods" and "allow consumers a fair share of the resulting benefit".

Isn't this clearly the case here?


I would say clearly yes.




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