On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft revised horizontal cooperation guidelines ("Horizontal Guidelines").
The EC's stated aim is to make it easier for companies to cooperate in areas such as R&D and production, but also in activity such as sustainability initiatives. The EC is aware that competitor collaboration may be key to reaching green targets, and that the current lack of legal certainty may be deterring companies from introducing sustainability initiatives. The revised horizontal guidelines provide new guidance on sustainability agreements, information sharing, mobile infrastructure sharing agreements, and bidding consortia.
The EC is inviting views on the drafts by 26 April 2022. The new EC horizontal rules and guidelines will enter into force on 1 January 2023. The EC is also currently reviewing its vertical rules, with new rules due to enter into force on 1 June 2022 (see our previous alert on the EC vertical reform).
Key revisions
Reform timetable
[View source.]