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9 Block Exemption Regulations R&D and Specialization

Stephanie Pautke

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 December 2022

Article 101(3) TFEU application to individual contracts — Cartels — Horizontal agreements — European Union — Regulation 1/2003

The chapter, written by Stephanie Pautke (Commeo, Frankfurt), offers a framework of analysis for two types of horizontal agreements: R&D agreements and specialization agreements. These are the only horizontal agreements between (actual or potential) competitors that can benefit from a block exemption regulation, namely Regulation 1217/2010 (R&D) and Regulation 1218/2010 (specialization). The chapter first discusses the qualification of an agreement as an R&D agreement or specialization agreement in the sense of the block exemption regulations. It then turns to the conditions under which such agreements may be deemed to restrict competition in the sense of Article 101(1) TFEU. For those agreements that do, the chapter analyses the block exemption regulations (including its conditions and hard-core restrictions) and also discusses the possibility of an individual exemption under Article 101(3) TFEU. Guidance on such individual exemptions can be found in the so-called ‘Horizontal Guidelines’ of the European Commission, which are discussed.

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