Jurisdiction(s):
European Union

EU R&D Block Exemption Regulation 2023 (Reg 2023/1066): Drafting Checklist for R&D Agreements—scope, conditions, market share thresholds, hardcore/excluded restrictions, duration, withdrawal, and transition period

Published by a LexisNexis EU Law expert

Checklists

R&D agreements—drafting for the EU R&D BER 2023—checklist

This Checklist outlines the key issues to address when preparing new Research and Development (R&D) agreements, or revising current R&D arrangements, to determine whether they fall within the EU R&D BER 2023 (Commission Regulation (EU) 2023/1066 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to specific categories of research and development agreements). It is not a detailed manual on the EU R&D BER 2023; rather, it is a practical tool for commercial lawyers aiming to confirm that an R&D agreement sits within the EU R&D BER 2023 and the accompanying Horizontal Guidelines.

Introduction to the EU R&D BER 2023

Any arrangement that impacts trade or restricts competition in the EU may fall under the ban on anti‑competitive agreements in Article 101(1) TFEU. That said, an agreement will not be prohibited if it:

meets the conditions for exemption under Article 101(3) TFEU, or
benefits from a relevant block exemption

R&D agreements are arrangements whereby two or more parties agree to conduct research jointly and/or collectively exploit the results of that research...

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Denis Fosselard

Ashurst

Denis is a partner and head of the Antitrust, Regulation and Foreign Investment department in Brussels. Denis is a dual qualified lawyer (Rome and Brussels Bar) and speaks fluent Italian, French and English. His practice focuses on all aspects on EU antitrust law and he has 20 years' experience in advising leading European corporates in relation to behavioural and merger control cases. He also has significant experience in assisting companies in State aid investigations. Denis regularly represents clients before both the European Commission and national competition authorities in Italy, Belgium, and so on, as well as the EU General Court and Court of Justice in antitrust and other Community law proceedings....

Fiona Garside

Ashurst

Fiona Garside is a Senior Expertise Lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team. She has advised on a wide range of EU and UK competition law matters, including cartel investigations, merger control, market reviews/investigations and competition law compliance, with particular experience in financial services. ...

Web page updated on 20/05/2026

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