Such overall exemption can be granted only on condition that the total carrying capacity of a grouping does not exceed a fixed maximum, and that the individual capacity of undertakings belonging to the grouping does not exceed certain
limits so fixed as to ensure that no one undertaking can hold a dominant position within the grouping ... The fact that a grouping has a total carrying capacity greater than the fixed maximum, or cannot claim the overall exemption because
of the individual capacity of the undertakings belonging to the grouping, does not in itself prevent such a grouping from constituting a lawful agreement, decision or concerted practice if it satisfies the conditions therefor laid down in
this Regulation. ... The agreements, decisions and concerted practices referred to in Article 2 shall be exempt from the prohibition in that Article where their purpose is: ... always provided that the total carrying capacity of any
grouping does not exceed: - 10 000 metric tons in the case of road transport, - 500 000 metric tons in the case of transport by inland waterway.
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