Lexology webinar: Do’s & don'ts for cooperating with competitors: the new EU rules

On 1 July 2023, following a review of the European competition rules governing horizontal agreements, the European Commission adopted and published the revised Horizontal Block Exemption Regulations (“HBERs”) on (i) research & development (R&D) agreements and (ii) specialisation agreements, accompanied by the revised Horizontal Guidelines. The HBERs and Guidelines provide clear and up-to-date guidance to assist businesses in self-assessing the compatibility of any cooperation agreements with competitors under EU competition law.

Cooperation between (potential) competitors can be a means to share risk, cut costs, increase investments, pool know-how, enhance product quality and variety and speed up innovation. However, cooperation between competitors can also have the object or effect of restricting competition to the detriment of consumers by increasing prices, limiting supply or choice, decreasing innovation, preventing market entry, etc. This is generally prohibited under the cartel prohibition within the EU markets.

The HBERs and Guidelines provide a framework to allow for competitive restrictions that are indispensable for such pro-competitive effects of horizontal agreements. These may be exempt from the cartel prohibition as long as the agreements also benefit consumers and allow for sufficient residual competition in the market.

During this webinar, our panel of experts will discuss key aspects of the new rules that companies should consider when engaging in forms of cooperation with (potential) competitors:

• Introduction to the new regime
• HBERs for R&D and Specialisation Agreements
• Joint purchasing agreements / buying alliances
• Standardisation Agreements
• Information exchange
• Sustainability