The Commission Regulation (EC) 2658/2000 of 29 November 2000 on the application of Article 81, paragraph 3, from the EC Treaty to the categories of specialisation agreements (2) defines categories of specialisation agreements which, in the Commission`s view, normally meet the conditions set out in Article 101, paragraph 3, of the Treaty. Given the general positive experience of applying this regulation, which expires on December 31, 2010, and based on the experience gained since its adoption, a new category exemption regulation should be adopted. The restriction of market share, the non-departure of certain agreements and the conditions provided by this Regulation normally ensure that the agreements subject to the category exemption do not allow the parties to eliminate competition with respect to a substantial portion of the products or services concerned. With respect to agreements between non-competitors, the RDBER applies during the period of research and development. D. When the results are shared, the exemption is applicable for a period of seven years from the date on which contract products are first commissioned in the EU. If the parties continue to share the results of the R D at the end of the seven-year period, the category exemption will continue to apply when the parties` combined market share does not exceed 25%. `specialisation agreement`, a unilateral specialisation agreement, a reciprocal specialisation agreement or a joint production agreement; (3) The exemption in paragraph 1 applies to specialisation agreements in which: the SBE excludes all common production and specialisation agreements (including ancillary intellectual and proprietary licences and the common distribution associated with them): the new horizontal guidelines have revised existing agreements on the applicability of Article 101 of the TFUE to cooperation agreements and have established a framework for the analysis of the most common forms of horizontal cooperation agreements. While these guidelines are not binding on the courts, they provide valuable insight into the relevant criteria to be considered when self-assessing horizontal agreements.
The new Regulation 1217/2010 on the applicability of Article 101, paragraph 3, of the TFUE to certain categories of R and R; D provides for an update of previous rules. The new BER introduces an extension of the scope of the regulation, a relaxation of Article 5 and the removal of an IP (IR) advertising provision contained in the May 2010 draft. The nature of unilateral and reciprocal specialisation agreements assumes that the parties operate in the same product market. It is not necessary for the parties to operate in the same geographic market.