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)..


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