UUÂãÁÄÖ±²¥

This Practice Note sets out how Sustainability agreements are currently assessed. It first provides guidance on where sustainability and sustainability standardisation agreements are caught by Article 101 TFEU according to the revised Horizontal Guidelines. It then summarises the guidance offered by the revised Horizontal Guidelines on how and when sustainability agreements can be justified under Article 101(3) TFEU. Finally, it offers additional context by summarising recent national developments in this area.

Regulation (EU) No 1217/2010, the Research and Development Block exemption Regulation (R&D BER 2010) and Regulation (EU) No 1218/2010, the Specialisation Block Exemption Regulation (SBER 2010)—together known as the Horizontal Block Exemption Regulations (HBERs)—and accompanying Guidelines on the Applicability of Article 101 TFEU to Horizontal Co-operation Agreements (Horizontal Guidelines) expired on 30 June 2023.

By way of background, on 1 March 2022, the European Commission launched a public consultation inviting interested parties to comment on drafts of the revised HBERs and a draft revised Guidelines on the Applicability of Article 101 TFEU to Horizontal Co-operation Agreements (Draft Horizontal