Businesses operating on the same market level need to ensure compliance with EU competition law when entering into cooperation agreements. The European Commission has adopted new rules in this field, which have substantial implications for companies. We provide more detailed information on three particularly important issues below.

Information exchange:

The European Commission is providing increased 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 can 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 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 horizontal Guidelines: Information exchange

The new horizontal Guidelines: Information exchange

On 1 June 2023, the European Commission (EC) adopted the revised horizontal block exemption regulations (HBERs) on research and development (R&D) and specialisation agreements, as well as the revised Guidelines on horizontal cooperation (Guidelines).

Global | Publication | July 11, 2023
The New Block Exemption Regulation and Horizontal Guidelines on Research & Development Agreements

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

On 1 June 2023, the European Commission (EC) adopted the revised block exemption regulations on research and development (R&D BER) and specialisation agreements, as well as the revised guidelines on horizontal cooperation (Horizontal Guidelines). The updated EC regulations will enter into force on 1 July 2023 and will remain valid until 30 June 2035.

Global | Publication | July 11, 2023
The new horizontal Guidelines: Standardisation agreements

The new horizontal Guidelines: Standardisation agreements

On 1 June 2023, the European Commission (EC) adopted the revised horizontal block exemption regulations (“HBERs”) on research and development (R&D) and specialisation agreements, as well as the revised Guidelines on horizontal cooperation (Guidelines). The updated EC regulations will enter into force on 1 July 2023 and will remain valid until 30 June 2035.

Global | Publication | July 11, 2023

Contact

Matej Ovecka
Matej Ovecka
Senior Associate
Email
matej.ovecka@nortonrosefulbright.com
T: +32 (2) 2376129

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