In this issue:
Last September, we published an issue, sponsored by Guest Editor Paul Lugard, on the EC’s Draft Guidelines for Horizontal Agreements. In December, the EC published the final version. Once again, with Paul’s help, we’ve taken a comparative look at the two, to see where concerns were addressed—and where they weren’t. The issue is first introduced by Paul, then led by one of the composers of the Guidelines, Donncadh Woods at DG Comp, and is followed by Axel Gutermuth, Mathew Heim, Lars Kjølbye, Jorge Padilla, Andreas Reindl, and Richard Taffet.
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Final: EC Guidlines on Horizontal Agreements
The New EU Competition Rules for the Assessment of Horizontal Agreements
…the Commission has also taken the opportunity to tighten the rules in a number of important respects. (Paul Lugard, Guest Editor)
The new EU Competition Rules for Co-operation Between Competitors of December 2010
These three texts update and further clarify the application of competition rules in this area so that companies can better assess whether their co-operation agreements are in line with the EU antitrust rules. (Donncadh Woods, DG Comp)
The Revised EU Competition Rules for Production and R&D Agreements Create a More Coherent Framework of Assessment and Provide Better Guidance to Companies
The revised texts significantly change the predecessor block exemption regulations and Horizontal Guidelines. (Axel Gutermuth, Arnold & Porter)
Some Observations on the Treatment of Standardization Agreements in the EC Guidelines on Horizontal Cooperation Agreements
…the Guidelines appear to recognize that competition law intervention may be appropriate only at the margins of standards activities. (Mathew Heim, Qualcomm)
Escaping Effects Analysis: The Commission’s New Approach to Restrictions by Object
This creates the risk that risk-adverse companies will either choose a sub-optimal form of co-operation or once again try to tailor their arrangements to fit the merger regulation. (Lars Kjølbye, Covington & Burling)
The Good, the Bad, and the Ugly: Comments to the Commission’s Horizontal Guidelines’ Standardization
I am concerned that the policy principles contained in those statements may chill innovation and undermine the process of standardization. (Jorge Padilla, LECG)
Information Exchanges Among Competitors under the New Horizontal Guidelines “ A Few Further Thoughts
Case experience and empirical evidence should help to develop further insight into some of the difficult and contentious issues in this area. ( Andreas Reindl)
Further Reflections on the Impact of the EC Horizontal Cooperation Guidelines on Intellectual Property Rights and Innovation
The Guidelines should not be considered as an invitation to require any modification of current standardization processes as successfully pursued not only in Europe, but globally. (Richard Taffet, Bingham McCutchen LLP)
