Law (2008:583) On Block Exemptions For Anti-Competitive Agreements On Research And Development

Original Language Title: Lag (2008:583) om gruppundantag för konkurrensbegränsande avtal om forskning och utveckling

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:583

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.