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EU Research and Development Block Exemption Regulation 2023/1066: Safe Harbour under Article 101 TFEU, Scope, Thresholds, Conditions, Hardcore/Excluded Restrictions, Duration, Transitional Arrangements and Withdrawal

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Practice notes

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Introduction

Block exemption regulations offer broadly applicable safe harbours from the EU ban on anti-competitive agreements set out in Article 101(1) TFEU, provided the agreement meets the criteria of the relevant block exemption regulation. Each block exemption rests on the assumption that any restrictive agreement within its scope satisfies the four conditions in Article 101(3) TFEU required for an individual exemption from the application of Article 101(1) TFEU (see further, Article 101(1) TFEU—the prohibition on restrictive agreements and Individual exemptions under Article 101(3) TFEU). Accordingly, every block exemption regulation creates a safe harbour that shields restrictive arrangements from legal challenge under Article 101 TFEU. The former Research & Development Block Exemption Regulation (EU) 1217/2010 (R&D 2010), which expired on 30 June 2023, had applied since 1 January 2011. Following a review and engagement with stakeholders, the updated Research & Development Block Exemption Regulation (EU) 2023/1066 (R&D BER 2023) came into force on 1 July 2023. Research and development agreements (R&D agreements) are arrangements under which two or more parties agree to undertake research together and/or jointly develop the outcomes of such research. Such agreements can be...

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Web page updated on 21/05/2026

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