Cooperation between competitors
Our take on the European Commission’s current review of horizontal cooperation agreements
Mondial | Publication | août 2022
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.
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 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.
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).
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