R&D agreements—drafting for the UK R&D BEO 2022—checklist

Copyright © 2025 LexisNexis
Produced in partnership with Duncan Liddell and Fiona Garside of Ashurst
Checklists

R&D agreements—drafting for the UK R&D BEO 2022—checklist

Copyright © 2025 LexisNexis

Produced in partnership with Duncan Liddell and Fiona Garside of Ashurst

Checklists
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This Checklist sets out the essential points that should be considered when drafting new Research and Development (R&D) agreements, or updating existing R&D agreements, to assess whether they fall within the block exemption provided under the Competition Act 1998 (Research and Development Agreements Block Exemption) Order 2022 (UK R&D BEO), SI 2022/1271. This Checklist is not intended to be a comprehensive guide to the UK R&D BEO, but should be used where a commercial lawyer wants to ensure that an R&D agreement falls within the UK R&D BEO and the accompanying CMA Guidance on Horizontal Agreements (2023 Horizontal Guidance).

Introduction to the UK R&D BEO

Any agreement which affects trade or restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under Chapter I of the Competition Act 1998 (CA 1998) (the Chapter I prohibition). However, an agreement will not be prohibited if it:

  1. •

    meets the criteria for exemption under CA 1998, s 9, or

  2. •

    benefits from a relevant block exemption

Prior to 1 January

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United Kingdom
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