Specialization Agreements Block Exemption

The Commission considers that some of the restrictions imposed by EI are aimed at them. For such restrictions, it may be particularly difficult to argue that the exemption criteria apply. Any exchange of information aimed at restricting competition in the market is considered a restriction of competition. Given that Regulation 330/2010 of April 20, 2010, which applies to vertical agreements, expires on May 31, 2022, it is necessary to think about what to do from that date. The Commission has just published a 233-day assessment on the basis of which it will decide whether or not to do so (…) 3. The exemption in paragraph 1 applies to specialisation agreements for which: the regulations adopted by the Commission or by the Council under Article 101, paragraph 3, of the Treaty on the Functioning of the European Union and which set out the conditions under which certain types of agreements are exempt from the prohibition of restrictive agreements under Article 101, paragraph 1, the EUF. If an agreement meets the conditions set out in a category exemption regulation, the agreement is automatically valid and enforceable. Category exemptions exist, for example, for vertical agreements, research and development agreements, specialization agreements, technology transfer contracts and car distribution agreements. © European Commission A Research and Development Agreement (“R (d) is an agreement under which two or more parties agree to cooperate in the field of research and development of products, technologies or processes. The agreement may include sharing research and development results and also cover paid research and development. RdBER provides a safe haven for research and development agreements that meet certain criteria.

A specialization agreement is an agreement whereby one or more parties agree not to manufacture a particular product and purchase it only from the other party, or by two parties who agree to have a product manufactured only in common. This type of agreement may also include exclusive delivery or sales contracts. All agreements between competitors are likely to raise the following common questions: in accordance with horizontal guidelines, the Commission will not intervene in standard fixing agreements, The Commission Regulation (EC) 2658/2000 of 29 November 20 00 on the application of Article 81, paragraph 3, from the Treaty to the categories of specialisation agreements (2) defines categories of specialisation agreements which, in the Commission`s view, normally meet the conditions set out in Article 101, paragraph 3, of the Treaty.