Evaluation of the Horizontal Block Exemption Regulations

Author (Corporate)
Series Details SWD (2021) 103
Publication Date 06/05/2021
Content Type


Staff Working Document published by the European Commission on 6 May 2021, summarising the results of the assessment of the Horizon Block Exemption Regulations (HBERs) and Horizontal Guidelines.

Further information:

Article 101(1) TFEU prohibits agreements between undertakings that restrict competition unless they generate efficiencies in line with Article 103(3) TFEU. Commission Regulation (EU) No 1217/2010 - Research & Development Block Exemption Regulation (R&D BER) - and Commission Regulation (EU) 1218/2010 - Specialisation Block Exemption Regulation (Specialisation BER) - are together referred as the HBERs. These are exempted from the prohibition. The Commission Guidelines on horizontal cooperation agreements (HGL) provide binding guidance on the Commission for the interpretation of the HBERs and for the application of Article 101 TFEU to other horizontal agreements.

The HBERs were due to expire on 31 December 2022. The aim of the evaluation was to allow the Commission to determine whether it should let the HBERs lapse, prolong their duration or revise them. In view of the findings of the evaluation, the Commission decided to launch an impact assessment to look into the policy options for a revision of the rules.

The review of the HBERs was launched in July 2019. A parallel review of the accompanying Horizontal Guidelines was also launched. The evidence includes contributions gathered in a public consultation launched in late 2019. The Commission also took into account the responses to the 2020 call for contributions on Competition Policy and the Green Deal.

Source Link https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:103:FIN
Related Links
EUR-LEX: SWD(2021)104: Staff Working Document accompanying the Staff Working Document - Executive Summary of the Evaluation of the Horizontal Block Exemption Regulations SWD/2021/0104 final https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:104:FIN
European Commission: DG Competition: Review of the two Horizontal Block Exemption Regulations https://ec.europa.eu/competition-policy/public-consultations/closed-consultations/2019-hbers_en
European Commission: Press Release, 06/05/2021: Antitrust: Commission publishes findings of the evaluation of rules on horizontal agreements between companies https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2094

Subject Categories
Subject Tags
International Organisations