ARCHIVED: Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was written with the previous Horizontal Guidelines in mind. It is not maintained. Instead, for up to date content, please see the relevant section in Analysing horizontal co-operation agreements under EU competition law. What is a joint commercialisation agreement? Joint commercialisation agreements involve cooperation between competitors with regard to the selling, distribution or promotion of their substitute products. They range from agreements involving the joint determination of all commercial aspects relating to the sale of the products (including price) to more limited agreements that only address one specific commercialisation function (such as distribution, after-sales service, or advertising). Joint commercialisation agreements are capable of giving rise to significant benefits stemming from economies of scale or scope, especially for smaller producers. However, they can in certain circumstances give rise to serious competition law concerns, in particular where the parties have a significant degree of market power, the agreement

ARCHIVED: Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was written with the previous Horizontal Guidelines in mind. It is not maintained. Instead, for up to date content, please see the relevant section in Practice Note: Analysing horizontal co-operation agreements under EU competition law. Joint purchasing agreements are agreements under which two or more companies (and indeed, often a significant number of companies) agree to jointly purchase all or part of their product requirements. Joint purchasing agreements can give rise to significant benefits for consumers and markets. For example, they may create cost savings (such as lower purchase prices or reduced transaction, transportation and storage costs) because of the parties’ increased buying power and economies of scale, which can in turn be passed on to customers. They can also give rise to qualitative benefits, such as by leading suppliers to innovate and introduce new or improved products on the markets. However, joint purchasing agreements can in certain circumstances

ARCHIVED: This Practice Note has been archived and is not maintained. On 10 May 2022, the Commission adopted a new Vertical Block Exemption Regulation 2022/720 (VBER 2022). The VBER 2022 replaced the previous Vertical Restraints Block Regulation 330/2010 (VBER 2010, also referred to as the VRBE in this Practice Note) on 1 June 2022. This Practice Note was drafted for the VBER 2010. NOTE—The VBER 2010 expired on 31 May 2022 and was replaced by the VBER 2022 with effect from 1 June 2022. Under Article 10 VBER 2022, there was a 12 month transition period (ending on 31 May 2023) to accommodate pre-existing vertical agreements already in force on 31 May 2022 which satisfied the conditions for exemption provided in the VBER 2010 on 31 May 2022 but which did not satisfy the conditions for exemption provided in the VBER 2022. This Practice Note is therefore for background information only. For an assessment of selective distribution agreements under Article 101 TFEU, the VBER 2022 and the Commission’s 2022

ARCHIVED: Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was written with the previous Horizontal Guidelines in mind. It is not maintained. Instead, for up to date content, please see the relevant section in Practice Note: Analysing horizontal co-operation agreements under EU competition law. Standardisation (or standard-setting) is a common practice and plays an important role in many industries and society more broadly—bringing about clear benefits by, for example, encouraging innovation, ensuring product quality and safety, permitting and facilitating interoperability/compatibility and reducing transaction costs. Agreements on standards have as their main objective the definition of technical or quality requirements with which current or future production processes, methods or products must comply, for example to ensure compatibility between products that work together. Standardisation agreements can cover various issues such as standardisation of different grades or sizes of a particular product or technical specifications in markets where compatibility with other products or systems is required or essential. An example

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

The European Commission (Commission) is the EU-wide regulator tasked with enforcing and supervising EU competition law. The Commission will investigate and take action against particular types of behaviour; for example, cartel activity and dominant companies trying to leverage their market power. It will also investigate merger cases. EU competition law There are four principal areas of EU competition law: • the prohibition on anti-competitive agreements under Article 101 TFEU (see further, The prohibition on restrictive agreements) • the prohibition on the abuse of a dominant position under Article 102 TFEU (see further, An overview of the prohibition on abuse of dominance) • merger control under the EU Merger Regulation (Regulation 139/2004) (EUMR), which requires the prior notification of transactions that meet the required thresholds to the Commission (see further, An overview of a 'concentration' with an EU dimension), and • the prohibition on illegal State aid under Articles 107-109 TFEU, where a Member State provides aid to selected companies over others that impacts competition and affects trade between Member States (see further,

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the noteworthy EU competition law cases from September 2022 to December 2024. The EU competition law cases tracker is divided into the following sections: • Antitrust cases • Merger cases • Private action cases • State aid cases For more information on the most recent cases, see Practice Note: EU competition law 2026—cases tracker. For more information on EU competition law legislation, guidance and policy developments, see Practice Notes: • EU competition law—legislation and policy tracker • EU block exemptions revision—tracker • EU Digital Markets Act—progress tracker Antitrust cases This table tracks noteworthy antitrust cases from September 2022 to December 2024. Cases have been added in reverse chronological order 2024 Case Sector Latest developments: AT.40642 Pierre Cardin Licensed-clothing 5 December 2024 The Commission issued an infringement decision against Pierre Cardin and its licensee Ahlers for breaching Article 101 TFEU by restricting cross-border sales of Pierre Cardin-licensed clothing (AT.40642). The Commission imposed fines totalling

ARCHIVED: This Practice Note has been archived and is not maintained. The EU consumer protection cases tracker is intended to track key cases related to consumer law. It includes relevant cases (opinions and judgements) of the Court of Justice classified by date and covering advertising and labelling, e-commerce, product liability and safety, provision of services, contracts, consumer disputes and enforcement. For more information on the main EU regulations and directives protecting consumer interests, see Practice Note: Key EU consumer legislation—summary. This tracker does not track data protection case. For more information on EU data protection cases, see Practice Notes: EU GDPR—data protection case law tracker and EU data protection—horizon scanner—Cases before the Court of Justice of the European Union. 2026 Case Date Find out more D.V. v MB Kigas, Case C-488/24, ECLI:EU:C:2026:399 13 May 2026 Court of Justice rules on pre-contract information duties concerning customs formalities and duties The Court of Justice has held that Article 5(1)(a) and (c) of Directive 2011/83 require a trader providing international road carriage

ARCHIVED: This Practice Note has been archived and is not maintained. This document tracks and summarises key new and upcoming EU legislation (regulations and directives), guidance, and other ongoing policy developments. More specifically, this tracker covers all live, closed and upcoming consultations, evaluations and proposals related to guidance, code of practice and legislation in the EU consumer protection sector. This tracker is structured as follows: • new legislation • horizon scanning • other materials • consultations • key dates This tracker does not include EU cases. To track EU consumer cases, see Practice Note: EU consumer protection cases tracker. For more information on EU consumer legislation generally, see Practice Note: Key EU consumer legislation—summary. Some initiatives are tracked in separate trackers, such as: • EU ePrivacy Directive—tracker • EU Digital Services Act—progress tracker • EU Digital Markets Act—progress tracker • EU Media, digital and telecoms—horizon scanner • EU Media, digital and telecoms—key developments tracker • Travel/Transport—EU Regulatory tracker • Agriculture/Food—EU Regulatory tracker EU consumer protection—new legislation Legislation is displayed in reverse chronological order. What’s happening? When? Find

This Practice Note covers EU legislative measures established to reduce the presence and impact of microplastics in the environment, including measures to reduce plastic pollution, measures to restrict the use of intentionally added microplastics in products, and measures to reduce unintentional microplastic releases. What are microplastics? Microplastics are small pieces of plastic, typically with a diameter of less than 5mm. They may be intentionally added to products in order to accomplish a certain function (eg in cosmetic products, fertilisers, pesticides, on synthetic sports surfaces, or in medical devices). They are also—and most commonly—generated through the fragmentation and degradation of larger pieces of plastic litter exposed to sun or water in the environment and through the wear and tear of plastic or plastic-containing products (eg through abrasion of tyres or washing of synthetic textiles). What are the risks posed by microplastics? As of 2018, when the Commission published the EU Plastics Strategy, it was estimated that between 30,000 and 75,000 tonnes of microplastics were released into the environment in the EU each year. This presence of microplastics

What are PFAS? Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of manufactured chemicals that are widely used in industrial settings and in everyday products. Major applications of PFAS include aerospace and defence; automotive industries; aviation; food contact materials and food processing; textiles, leather and apparel (for the purposes of waterproofing and stain resistance); construction materials; metal plating and metal products; household products (including non-stick cookware, for example); ski wax; electronics and semi-conductors; cosmetics; firefighting foams; and medical devices. PFAS are made up of carbon and fluorine atoms, the bond between which is extremely strong meaning that PFAS do not degrade in the environment. In fact, scientists have been unable to estimate a half-life for PFAS (the time taken for 50% of the chemical to disappear), which led to PFAS being given the nickname ‘forever chemicals’. What are the risks posed by PFAS? PFAS can be released into the environment at almost any stage of a product’s lifecycle (as illustrated below). They can come off packaging or products into the food that is

What are pesticides and biocides? Pesticides and biocides are chemicals or organisms used to control pests such as harmful or unwanted animals, plants, fungi, viruses or bacteria which cause damage. The term ‘pesticide’ is often used interchangeably with ‘plant protection product’, however ‘pesticide’ can have a broader meaning and may incorporate biocidal products. The term ‘plant protection product’ refers specifically to pesticides which protect crops or other plants, typically used in the agricultural sector as well as in forestry and public and private horticulture. Plant protection products (PPPs) and biocides can cause significant water pollution and land contamination, particularly if they enter surface water or groundwater. Concerns are sometimes also raised about their effects on human health. Plant protection products (PPPs) PPPs contain at least one component that works against pests/plant diseases, called an ‘active substance’, and have one of the following functions: • protect plants or plant products against pests/diseases, before or after harvest • influence the life processes of plants (such as substances influencing their growth, excluding nutrients)