Cartels And Horizontal Agreements - European Union Level

Commissions adopts new framework for assessment of horizontal agreements

On 14 December 2010, the European Commission adopted new Horizontal Guidelines, which provide guidance on the assessment of the compatibility with Article 101 TFEU of horizontal cooperation agreements. The revised Guidelines substitute the existing rules, which have been in place for nearly ten years.

General remarks

The new Horizontal Guidelines form part of a broader legislative package which updates the Commission's approach towards the application of Article 101 TFEU to cooperation between competitors. The adoption of the Horizontal Guidelines, a draft of which was previously put out to public consultation, was accompanied by the enactment of two new Block Exemption Regulations (BERs) dealing with specialisation agreements and R&D agreements respectively. The new BERs will replace the existing BERs dealing with specialisation agreements and R&D agreements as of 1 January 2011.