Businesses operating on the same market level need to ensure compliance with EU competition law when entering into cooperation agreements. The European Commission is currently evaluating the applicable rules in this field and the outcome of this review will have substantial implications for companies. We provide more detailed information on three particularly important issues below.

Information exchange:

The European Commission is aiming to increase legal certainty for businesses on which types of information exchange should be considered pro competitive.

R&D agreements:

R&D agreements concerning entirely new products, technologies and processes will be exempted. R&D efforts oriented towards a specific objective but not yet specific in terms of product or technology will benefit from an exemption under certain conditions.

Standardisation agreements:

The new rules will provide clarification on whether a proposed license fee for a Standard Essential Patent is FRAND (fair, reasonable, and non discriminatory terms).


Latest insights

The New Block Exemption Regulation on Research & Development Agreements and Horizontal Guidelines: the Commission’s Proposals

The New Block Exemption Regulation on Research & Development Agreements and Horizontal Guidelines

On 1 March 2022, the European Commission (“EC”) published for consultation two draft revised horizontal block exemption regulations (“BERs”) on research and development (“R&D”) and specialisation agreements, as well as draft revised guidelines on horizontal cooperation (“the Guidelines”).

Global | Publication | August 12, 2022
The new horizontal guidelines: information exchange

The new horizontal guidelines: information exchange

On 1 March 2022, the European Commission (“EC”) published for consultation two draft revised horizontal block exemption regulations (“HBERs”) on research and development (“R&D”) and specialisation agreements, as well as draft revised guidelines on horizontal cooperation (“the Guidelines”). The updated EC regulations and Guidelines are expected to enter into force on 1 January 2023.

Global | Publication | August 08, 2022

Contacts

Wilko van Weert
Wilko van Weert
Head of Brussels
Email
T: +32 2 237 6137
Matej Ovecka
Matej Ovecka
Senior Associate
Email
T: +32 2 237 61 29

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