Comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the Draft Commission Block Exemption Regulation on Research and Development Agreements and the Draft Guidelines on Horizontal Cooperation Agreements

IIC - International Review of Intellectual Property and Competition Law, Forthcoming

Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 10-12

22 Pages Posted: 15 Nov 2010

See all articles by Josef Drexl

Josef Drexl

Max Planck Institute for Innovation and Competition; Ludwig Maximilian University of Munich

Alfred Frueh

University of Zurich - Center for Information Technology, Society, and Law (ITSL)

Mark-Oliver Mackenrodt

Max Planck Institute for Innovation and Competition

Hanns Ullrich

Max Planck Institute for Innovation and Competition

Peter Georg Picht

University of Zurich - Institute of Law; Max Planck Institute for Innovation and Competition

Boris Pulyer

Max Planck Institute for Innovation and Competition

Date Written: November 1, 2010

Abstract

The paper represents the comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the Draft Commission Regulation on the application of Art. 101(3) of the Treaty on the Functioning of the European Union to categories of research and development agreements and the Daft Guidelines on horizontal cooperation agreements. Given the particular expertise of the Institute both on intellectual property law and competition law, the comments focus on the Draft Research and Development (R&D) Block Exemption Regulation and Chapter 7 of the Draft Horizontal Guidelines dealing with standardisation agreements. The Institute does not comment on the Draft Block Exemption Regulation on Specialisation Agreements.

The Institute is in support of the general approach of the Commission to revise the existing system. In particular, the Institute welcomes the clearer distinction between competition in the product market, the market for technology and finally competition for innovation. Yet, the following comments will concentrate on points where the Institute thinks that the current text may be improved. It is also held that clearer rules on how to deal with competition problems related to technological standards would be highly desirable. In this regard, the Institute is of the opinion that Chapter 7 of the Draft Horizontal Guidelines does not adequately respond to the challenges presented by technological standards.

Keywords: antitrust, competition, European Union, horizontal agreements, guidelines, standardisation agreements, research and development, block exemption regulation, market definition, technology markets, innovation

Suggested Citation

Drexl, Josef and Frueh, Alfred and Mackenrodt, Mark-Oliver and Ullrich, Hanns and Picht, Peter Georg and Pulyer, Boris, Comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the Draft Commission Block Exemption Regulation on Research and Development Agreements and the Draft Guidelines on Horizontal Cooperation Agreements (November 1, 2010). IIC - International Review of Intellectual Property and Competition Law, Forthcoming; Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 10-12. Available at SSRN: https://ssrn.com/abstract=1695421

Josef Drexl (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

Ludwig Maximilian University of Munich

Munich, 80539
Germany

Alfred Frueh

University of Zurich - Center for Information Technology, Society, and Law (ITSL) ( email )

Raemistrasse 74 / 38
Zurich, 8001
Switzerland

Mark-Oliver Mackenrodt

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Hanns Ullrich

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Peter Georg Picht

University of Zurich - Institute of Law ( email )

Raemistrasse 74/57
Zurich, CH-8001
Switzerland

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Boris Pulyer

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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