Research And Development Agreements Block Exemption Regulations

Cooperation in research and development and exploitation of results is most likely to promote technical and economic progress where the Parties contribute complementary skills, assets or activities to the cooperation. These include scenarios in which one party only funds the research and development activities of another party. For the application of Article 101(3) of the EC Treaty by means of a regulation, it is not necessary to define the agreements which may be covered by Article 101(1) of the Treaty. The individual assessment of the agreements referred to in Article 101(1) TFEU must take into account several factors, in particular the structure of the relevant market. However, there is no presumption that R&D agreements that do not benefit from the Safe Harbour Agreement infringe EU competition law. These agreements are examined individually to determine whether they have anti-competitive effects. If that is the case, it is necessary to examine whether those effects are outweighed by pro-competitive effects. These assessments are carried out by the parties themselves (i.e. there is no prior notification or authorisation procedure) and, in this respect, the guidelines attached to R&D-BER are particularly useful. Agreements between undertakings which are not competing manufacturers of products, technologies or processes which can be improved, replaced or replaced by the results of research and development will eliminate effective competition in research and development only in exceptional circumstances.

Therefore, irrespective of the market share of those agreements, it is appropriate to benefit from the exemption introduced by this Regulation and to address any exceptional cases by withdrawing the benefit. On the other hand, the Commission recognises, in many circumstances, that R &D agreements can be of great use to the market and the interest of consumers. R&D agreements allow companies to cooperate by pooling their collective skills and resources and enabling the development of new technologies, often in circumstances where each employee does not have the technical means or know-how to develop the technology itself. . . .