Antitrust: Commission invites comments on draft revised rules on horizontal co-operation agreements between companies

The European Commission has launched a public consultation inviting all interested parties to comment on two draft revised Horizontal Block Exemption Regulations on Research & Development (‘R&D') and Specialisation agreements (‘R&D BER' and ‘Specialisation BER' respectively, together ‘HBERs') and the draft revised Horizontal Guidelines. The draft revised HBERs and Horizontal Guidelines follow a review and evaluation process launched in September 2019.

As set out in more detail in the explanatory note accompanying the draft revised HBERs and Horizontal Guidelines, the proposed changes aim to (a) make it easier for companies to co-operate in areas such as R&D and production, (b) ensure a continued effective protection of competition, (c) include a new chapter on the assessment of horizontal agreements pursuing sustainability objectives as well as new guidance on data sharing, mobile infrastructure sharing agreements and bidding consortia and (d) simplify the administrative supervision by the European Commission and National Competition Authorities by streamlining and updating the general framework of assessment of horizontal cooperation agreements. Interested parties are invited to submit their comments on the draft rules by 26 April 2022.

Executive Vice President Margrethe Vestager (pictured), in charge of competition policy, said: “The revision of the Horizontal Block Exemption Regulations and Guidelines is an important policy project as it clarifies for businesses when they can cooperate with rivals. Horizontal cooperation may lead to substantial economic and sustainability benefits, including support for the digital and green transition. The proposed revised rules aim to keep up with developments so that beneficial cooperation can take place, for example when it comes to sustainability or data sharing. We now invite interested parties to provide comments on our draft revised rules, which will help us finalise the new rules to enter into force on 1 January 2023.” A press release is available online.

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