Competition And Regulatory: New Horizontal Block Exemption Regulations And Guidelines Come Into Force

1. Introduction

On 1 July 2023 the new Research & Development Block Exemption Regulation ("R&D BER") and the new Specialisation Block Exemption Regulation ("Specialisation BER") (together the "HBERs") came into force replacing the older versions which have applied since 2010. These new regulations will remain in force for 12 years.

The HBERs together with the new Horizontal Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union ("TFEU") to horizontal co-operation agreements ("Horizontal Guidelines") provide a more clear, coherent and simplified set of rules that promote competition, while introducing developments in relation to innovation, digitisation and sustainability.