SEP-10(1)

In this issue: This issue, organized by guest editor Paul Lugard, takes an indepth look at the pending revision of the EU competition rules on horizontal cooperation agreements. Paul leads off with a summary of the issues and an introduction to the articles, then Julia Holtz & Tero Louko weigh in on standard setting; Anne […]

The EC Commission’s Review of the EU Competition Rules on Horizontal Agreements

Paul Lugard, Sep 15, 2010 It is no wonder that the revisions of the block exemption regulations for research and development agreements and specialization agreements, as well as the changes to the Horizontal Guidelines that the EC Commissions has proposed, have given rise to a lively debate on the proper regulation of agreements under EC […]

Revision of the EU Competition Rules on Cooperation in Research & Development and Production: Scope for Further Improvement

Axel Gutermuth, Sep 15, 2010 As part of the pending revision of the EU competition rules on horizontal cooperation agreements, the EU Commission has proposed significant amendments to the two block exemption regulations covering research and development agreements  and specialization agreements as well as changes to the corresponding chapters of the Horizontal Guidelines. The proposed […]

Information Exchanges Among Competitors: The Commission Takes a New Look

Andreas Reindl, Sep 15, 2010 The European Commission’s draft guidelines on horizontal agreements (the “Draft Guidelines”) feature as one of its main innovations a new chapter on information exchanges among competitors. In it the Commission has put forward an analytical framework that should ensure a conceptually sound and consistent assessment of the broad range of […]

The Standard Setting Process and the European Commission’s Draft Horizontal Guidelines

Julia Holtz, Tero Louko, Sep 15, 2010 This brief commentary focuses on the section on Standardization Agreements in the Draft Guidelines (mainly paragraphs 269 – 290). While it is important to honor the intellectual property rights (“IPR”) of participants in the standard-setting process, it is also important that the process is transparent and the members […]

Comments to the Commission’s Draft Horizontal Guidelines”Standardization

Anne Layne-Farrar, Jorge Padilla, Sep 15, 2010 This brief paper sets out our comments on Section 7 of the Draft Guidelines on the applicability of Article 101 of the TFEU to horizontal co-operation agreements (“Draft Guidelines”) and, in particular, on the criteria for assessment of standardization agreements. We have three main comments: First, technology owners […]

The Impact of the Draft EC Horizontal Guidelines on Intellectual Property Rights and Innovation

Richard Taffet, Sep 15, 2010 The European Commission’s Draft Guidelines on the Application of Article 101 of the Treaty on the Functioning of the European Union to Horizontal Co-Operation Agreements (the “Draft Guidelines”) have attracted a multitude of comments from many interested parties. This has been particularly the case in relation to Chapter 7 of […]