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New Block Exemption Regulations and Guidelines on Horizontal Agreements

New Block Exemption Regulations and Guidelines on Horizontal Agreements

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Starting from July 1, 2023, the newly adopted Horizontal Block Exemption Regulations on Research and Development Agreements (“R&D“) and Specialisation agreements (together “HBERs“) shall take effect in the EU.

The essence of HBERs, and the accompanying Horizontal Guidelines (“Guidelines“), is to facilitate the self-assessment of the most common types of horizontal cooperation agreements.  They are also well-known as a safe harbor to undertakings, for as long as the latter comply with the rules set in the HBERs, leading to block exemption of such agreements from the competition rules.

The novelties in said pieces of legislation offer a more flexible approach to calculating the market shares and include more types of production agreements in their scope.  They also aim to bring clarity, incorporate recent case law, and facilitate green and digital transitions by simplifying cooperation among undertakings for their mutual economic benefits.

We will return with more details on these novelties, so stay tuned!

By Ivana Stojanovic Raisic, Counsel, Gecic Law

Gecic Law at a Glance

Committed to redefining a law firm's role in an emerging regional market, Gecić Law is a full-service law firm that advises international and local clients from the public and private sectors in navigating the complex legal landscape of the region across multiple practice areas. Members of the Gecić Law team have graduated from leading universities in the US and Europe. They have extensive local and international experience, with a particular focus on EU regulatory frameworks and international trade and a proven track record in providing innovative and practical solutions in the most complex of matters.

Gecić Law is an exclusive member of two leading global alliances, TerraLex and TAGLaw, extending its international footprint. The firm and its lawyers have continuously been recognized in several practice areas by elite global directories, including The Legal 500, Chambers and Partners and Benchmark Litigation. Gecić Law was named Law Firm of the Year: South Eastern Europe 2021 and Law Firm of the Year: Eastern Europe and the Balkans 2020 at The Lawyer European Awards and was repeatedly nominated in other practice areas.

For more details, please visit geciclaw.com.