
December 14, 2010
On December 14th, the European Commission issued its final revised rules on horizontal co-operation agreements (“Horizontal Guidelines”).
The Horizontal Guidelines, which address key forms of collaboration between competitors including information exchanges, standardization agreements and research and development, are the European parallel of the joint U.S. FTC/DoJ Antitrust Guidelines for Collaboration Among Competitors and the recently finalized Canadian Competition Bureau’s Competitor Collaboration Guidelines (finalized by the Bureau in 2009).
In its News Release, the Commission stated:
“The European Commission has revised its rules for the assessment of co-operation agreements between competitors, so called horizontal co-operation agreements. As it is often vital for companies to work together to achieve synergies, there exist a vast number of horizontal co-operation agreements in many industries. The texts update and further clarify the application of competition rules in this area so that companies can better assess whether their co-operation agreements are in line with those rules. Modifications concern mainly the areas of standardisation, information exchange, and research and development (R&D).”
For a copy of the Horizontal Guidelines see: Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements.
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