Specialisation Agreements Guidelines

The criteria set out in these Guidelines apply to horizontal cooperation agreements concerning both goods and services (collectively referred to as `products`). Those guidelines supplement Commission Regulation (EU) No […] of […] on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain groups of research and development agreements (4) (`the Research and Development Block Exemption Regulation`) and Commission Regulation (EU) No […] of […] on the application of Article 101, paragraph 3 of the Treaty on the Functioning of the European Union in the Functioning of the European Union certain categories of specialisation agreements (5) (`the specialisation block exemption`) Standardisation agreements may affect four potential markets defined in accordance with the Market Definition Communication. First, standard-setting may affect the market for products or services or markets that refer to the standard or standards. Second, if standardisation includes the choice of technology and intellectual property rights are marketed separately from the products concerned, they may have an impact on the market for the technology in question (101). Thirdly, the standard-setting market may be jeopardised if there are different standardisation bodies or agreements. Fourth, the establishment of standards may, where appropriate, undermine a separate market for testing and certification. Complementarities can result from horizontal cooperation agreements in different ways. A research and development agreement can bring together different research capabilities that enable parties to produce better products at a lower cost and reduce the time to market for those products. .