Agreement Between Rivals Or Competitors Is Known As

In December 2010, the European Commission published updated guidelines on the application of Article 101 to horizontal cooperation agreements (Guidelines).1 At the same time, revised block exemption regulations were adopted, providing for an automatic exemption under Article 101(3) for certain types of specialisation agreements2 and “research and development agreements”3. If the R&D agreement only provides for R&D, the agreement must provide for the parties` access to the other`s existing know-how (payment for access is allowed). However, in most other cases, the Commission recognizes that the issue of pre-research disclosure may be left to negotiations between the parties. Both parties should have equal access to the results of R&D, with a view to the parties` agreement to restrict their operating activities (d. h. specialize only in the use of certain outcome areas). . . .