BETA


2010/2761(RSP) Resolution on the review of the competition horizontal cooperation rules

Progress: Procedure completed

Legal Basis:
RoP 136-p5

Events

2011/05/02
   EC - Commission response to text adopted in plenary
Documents
2010/11/25
   EP - Results of vote in Parliament
2010/11/25
   EP - Debate in Parliament
Details

O-0131/2010

2010/11/25
   EP - Decision by Parliament
Details

Following the debate which took place during the sitting of 25 November 2010, the European Parliament adopted a resolution tabled by the Committee on Economic and Monetary Affairs on the review of the competition horizontal cooperation rules.

Noting that both Commission Regulation (EC) No 2658/2000 on the block exemption regulation on specialisation agreements (“the specialisation BER) and Commission Regulation (EC) No 2659/2000 on the block exemption regulation on research and development agreements (“the R&D BER”) will expire on 31 December 2010, Parliament welcomes the fact that the Commission has opened two different public consultations in connection with the review of the competition rules applicable to horizontal cooperation agreements, and calls upon it to specify at the end of the review procedure how it has taken into account contributions from the stakeholders.

Members highlight the importance of the two block exemption regulations in the area of horizontal cooperation for the analysis of the agreements falling within their scope. They note that, even if an approach based on defining a safe harbour based on market shares is not perfect, it reflects an economic fact and is quite simple to understand and apply. Parliament agrees that horizontal agreements usually raise more competition concerns than vertical agreements and therefore understands that the Commission is maintaining a more restrictive approach on setting the market share threshold as regards horizontal agreements. It notes, however, that most horizontal cooperation agreements do not fall within the scope of these two block exemption regulations. It asks the Commission to analyse whether stakeholders and the objective of maintaining effective competition would benefit from the establishment of new specific block exemption regulations to cover particular types of horizontal agreements other than R&D and specialisation. If so, the Commission is asked to seek appropriate authorisation from the Council.

Members take the view that horizontal guidelines represent a useful analysis and self-assessment tool for companies, with a sophisticated economic approach, whether or not a horizontal cooperation agreement infringes Article 101(1) TFEU. They appreciate, therefore, that the new horizontal guidelines reflect the self-assessment need introduced by Regulation 1/2003 and provide clear guidance for complex arrangements such as joint ventures and agreements covering more than one type of cooperation. Such an approach should not, however, lead to a more complicated regulatory framework.

Lastly, Parliament recalls, in this context, the better regulation principle of improving the quality of legislative and regulatory drafting, namely through the use of clear and precise language, and favours very clear and reader-friendly guidelines including more concrete examples where appropriate, as requested by several stakeholders.

Documents
2010/11/25
   EP - End of procedure in Parliament
2010/11/22
   EP - Oral question/interpellation by Parliament
Documents
2010/11/18
   EP - Motion for a resolution
Documents

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

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2010-11-25T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-7-2010-0447_EN.html title: T7-0447/2010
summary
events/2
date
2010-11-25T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-7-2010-0447_EN.html title: T7-0447/2010
summary
procedure/legal_basis/0
Rules of Procedure EP 136-p5
procedure/legal_basis/0
Rules of Procedure EP 128-p5
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http://www.europarl.europa.eu/doceo/document/TA-7-2010-0447_EN.html
activities
  • date: 2010-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=19164&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20101125&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-447 type: Decision by Parliament, 1st reading/single reading title: T7-0447/2010 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Competition commissioner: ALMUNIA Joaquín
committees
    docs
    • date: 2010-11-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2010-623&language=EN title: B7-0623/2010 type: Motion for a resolution body: EP
    • date: 2010-11-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2010-565&language=EN title: B7-0565/2010 type: Oral question/interpellation by Parliament body: EP
    • date: 2011-05-02T00:00:00 docs: url: /oeil/spdoc.do?i=19164&j=0&l=en title: SP(2011)1476 type: Commission response to text adopted in plenary
    events
    • date: 2010-11-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=19164&l=en title: Results of vote in Parliament
    • date: 2010-11-25T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20101125&type=CRE title: Debate in Parliament summary: O-0131/2010
    • date: 2010-11-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-447 title: T7-0447/2010 summary: Following the debate which took place during the sitting of 25 November 2010, the European Parliament adopted a resolution tabled by the Committee on Economic and Monetary Affairs on the review of the competition horizontal cooperation rules. Noting that both Commission Regulation (EC) No 2658/2000 on the block exemption regulation on specialisation agreements (“the specialisation BER) and Commission Regulation (EC) No 2659/2000 on the block exemption regulation on research and development agreements (“the R&D BER”) will expire on 31 December 2010, Parliament welcomes the fact that the Commission has opened two different public consultations in connection with the review of the competition rules applicable to horizontal cooperation agreements, and calls upon it to specify at the end of the review procedure how it has taken into account contributions from the stakeholders. Members highlight the importance of the two block exemption regulations in the area of horizontal cooperation for the analysis of the agreements falling within their scope. They note that, even if an approach based on defining a safe harbour based on market shares is not perfect, it reflects an economic fact and is quite simple to understand and apply. Parliament agrees that horizontal agreements usually raise more competition concerns than vertical agreements and therefore understands that the Commission is maintaining a more restrictive approach on setting the market share threshold as regards horizontal agreements. It notes, however, that most horizontal cooperation agreements do not fall within the scope of these two block exemption regulations. It asks the Commission to analyse whether stakeholders and the objective of maintaining effective competition would benefit from the establishment of new specific block exemption regulations to cover particular types of horizontal agreements other than R&D and specialisation. If so, the Commission is asked to seek appropriate authorisation from the Council. Members take the view that horizontal guidelines represent a useful analysis and self-assessment tool for companies, with a sophisticated economic approach, whether or not a horizontal cooperation agreement infringes Article 101(1) TFEU. They appreciate, therefore, that the new horizontal guidelines reflect the self-assessment need introduced by Regulation 1/2003 and provide clear guidance for complex arrangements such as joint ventures and agreements covering more than one type of cooperation. Such an approach should not, however, lead to a more complicated regulatory framework. Lastly, Parliament recalls, in this context, the better regulation principle of improving the quality of legislative and regulatory drafting, namely through the use of clear and precise language, and favours very clear and reader-friendly guidelines including more concrete examples where appropriate, as requested by several stakeholders.
    • date: 2010-11-25T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
    • body: EC dg: url: http://ec.europa.eu/dgs/competition/ title: Competition commissioner: ALMUNIA Joaquín
    procedure/legal_basis/0
    Rules of Procedure EP 128-p5
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 128-p5
    procedure/subject
    Old
    • 2.60 Competition
    New
    2.60
    Competition
    procedure/subtype
    Old
    Debate or resolution on oral questions
    New
    Debate or resolution on oral question/interpellation
    activities
    • date: 2010-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=19164&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20101125&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-447 type: Decision by Parliament, 1st reading/single reading title: T7-0447/2010 body: EP type: Results of vote in Parliament
    committees
      links
      other
      • body: EC dg: url: http://ec.europa.eu/dgs/competition/ title: Competition commissioner: ALMUNIA Joaquín
      procedure
      reference
      2010/2761(RSP)
      title
      Resolution on the review of the competition horizontal cooperation rules
      legal_basis
      Rules of Procedure of the European Parliament EP 128-p5
      stage_reached
      Procedure completed
      subtype
      Debate or resolution on oral questions
      type
      RSP - Resolutions on topical subjects
      subject
      2.60 Competition