The Horizontal Block Exemption Regulations are two Commission regulations that define certain research and development and specialisation agreements that can be considered more beneficial than harmful. Agreements that meet the conditions of these regulations are therefore exempted from Article 101(1) of the Treaty.
Council Regulation empowering the Commission to adopt Horizontal Block Exemption Regulations
Council Regulation No 2821/71 on application of Article 85 (3) of the EC Treaty to categories of agreements, decisions and concerted practices
Official Journal L 285 , 29.12.1971 p. 46-48
The Horizontal Block Exemption Regulations
R&D agreements
- Commission Regulation (EU) 2023/1066 of 1 June 2023 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements
- Transitional regime from 1 July 2023 to 30 June 2025
For agreements in force on 30 June 2023 which do not satisfy the conditions for exemption established by this Regulation but which satisfy the conditions for exemption established by Regulation (EU) No 1217/2010.
Specialisation agreements
- Commission Regulation (EU) 2023/1067 of 1 June 2023 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements
- Transitional regime from 1 July 2023 to 30 June 2025
For agreements in force on 30 June 2023 which do not satisfy the conditions for exemption established by this Regulation but which satisfy the conditions for exemption established by Regulation (EU) No 1218/2010
Guidelines for the assessment of horizontal cooperation agreements
Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal cooperation agreements:
Official Journal C 259, 21.7.2023, p. 1–125
Review of the 2010 Horizontal Block Exemption Regulations
The 2010 Horizontal Block Exemption Regulations expired on 30 June 2023. Before their expiry, they were subject to a review, together with the 2011 Horizontal Guidelines.
This review ended with the adoption of the revised R&D Block Exemption Regulation (Commission Regulation (EU) 2023/1066), the revised Specialisation Block Exemption Regulation (Commission Regulation (EU) 2023/1067) and the revised Horizontal Guidelines (OJ C 259, 21.7.2023, p.1-125) mentioned above.
For information, the texts of the 2010 R&D Block Exemption Regulation, the 2010 Specialisation Block Exemption Regulation and the 2011 Horizontal Guidelines are available here:
Commission Regulation (EU) No 1217/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements
Official Journal L 335, 18.12.2010, p. 36-42
Commission Regulation (EU) No 1218/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements
Official Journal L 335, 18.12.2010, p. 43-47
Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal cooperation agreements
OJ C 11, 14.1.2011, p. 1-72