Jurisdiction(s):
United Kingdom

EU Specialisation Block Exemption Regulation 2023/1067: Article 101 TFEU safe harbour: scope, market-share threshold, duration, hardcore restrictions, transitional arrangements, and withdrawal

Published by a LexisNexis Competition expert

Practice notes

Introduction

Block exemption regimes provide widely applicable safe harbours from the EU prohibition on anticompetitive agreements as set out in Article 101(1) TFEU, so long as the arrangement satisfies the requirements of the relevant block exemption. Each such instrument rests on the presumption that any restrictive deal within its compass fulfils the four criteria in Article 101(3) TFEU that are needed 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 establishes a safe harbour that shields restrictive arrangements from legal challenge under Article 101 TFEU. The former Specialisation Block Exemption Regulation (EU) 1218/2010 (SBER 2010), which expired on 30 June 2023, had been in force since 1 January 2011. Following a review process and consultation with stakeholders, the updated Specialisation Block Exemption Regulation (EU) 2023 (SBER 2023) entered into force on 1 July 2023. Specialisation agreements are most likely to contribute to improvements in manufacturing or the distribution of goods or services when the parties possess complementary skills, assets, or activities, because the agreement will then allow them to focus on particular goods as agreed between the parties or...

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Web page updated on 21/05/2026

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