section 1 of this Act apply to contracts concluded between two or
several companies (the parties) and relate to the conditions under which these
parties engaged in
1. joint research and development of contract products
or contractual engineering and joint exploitation of the results
from this research and development,
2. pooling of results from research and
development of contract products or contract technology
common has been conducted under an earlier agreement
between the same parties,
3. joint research and development of contract products
or contractual engineering without joint exploitation of the results,
4. commissioned research and development of contract products
or contractual engineering and joint exploitation of the results
from this research and development,
5. sharing of the results of commissioned research
and development of contract products or contract technology
has been conducted under an earlier agreement between the same
the parties, or
6. commissioned research and development of contract products
or contractual engineering without joint exploitation of the results.
The provision in Chapter 1. section 6 of the Competition Act (2008:579) shall also
apply to agreements under this Act. Law (2011:874).
section 2 Under the conditions laid down in paragraph 3 of the terms of such agreements
research and development which includes
restrictions of competition falling within the scope of Chapter 2. 1 §
Competition Act (2008:579) derogation from the prohibition provided for in the same
section against such agreements. Exception applies, however, only for
such categories of agreements that fulfil the conditions for
exceptions in Chapter 2. section 2 of the competition act.
Of Chapter 2. paragraph 3 of the Competition Act, it follows that the FCA can
decide that an individual agreement, which as a result of a
block exemption under this Act is exempt from the prohibition in 2
Cape. paragraph 1 of the same law, should not be covered by the exemption if the agreement
have effects which are incompatible with Chapter 2. section 2 of the competition act.
section 3 of the terms of the agreements apply the provisions of
Commission Regulation (EU) No 1217/2010 of 14 december
2010 on the application of article 101(3) of the Treaty on
The functioning of the European Union to certain categories of
research and development agreements in the same way, with
exception of articles 2(1), 8 and 9. However, the references
the exemption provided for in articles 2(2) and 3 – 7 refer to section 2 of the compound
with section 1. Furthermore, in articles 4(1), 5 (f) and 5 (g) and 6 (a) and
6 (b) the expression "in the internal market ' shall be replaced by" in the country ".
Law (2011:874).
Transitional provisions
2011:874
1. this law shall enter into force on 1 August 2011.
2. Older regulations apply to the end of december 2012
for agreements which were in force on 1 August 2011. Older
regulations does not apply to agreements which at the
entry into force satisfies the conditions for block exemption under
the new regulations.
