37. If the risk to individual insurers is uninsurable, but only insurable by cooperation between insurers, it may be
that this cooperation has no restriction of competition. The European Commission, in the context of insurance
pools, provides for cooperation between insurers, under certain conditions, which does not lead to a restriction of
competition to the extent that cooperation (pooling) is necessary for these insurers to enable a kind to offer that
they would only be able to supply insurance. Cooperation could lead to a new provider for the benefit of customers
who need such coverage.
90
More generally, the European Commission, in the context of horizontal cooperation agreements, provides for
cooperation between competitors, not leading to a restriction of competition if the activity to which competitors
cooperation concerns, not on the basis of objective factors may independently perform, such as the limited
technical capabilities of the parties, unless the parties could do the project by less restrictive means.
Insurability
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