Already in 2011, the body of European electronic communications regulators (ORECE)[1] established in a report on the sharing of infrastructure and radio spectrum on mobile networks[1] that passive sharing agreements are broadcast in all European Member States. Such agreements are now commonplace and do not raise competition issues. This would ensure that operators do not try to block the default configuration process in the final step without participating in the previous procedure. Non-participating economic operators have the opportunity to submit their observations, which must be properly considered. Under no circumstances should access to the final result be restricted. The “safe port” of the standard-setting procedure was maintained in the updated chapter and presents three situations in which the ban on EU anti-competitive agreements would not apply. The procedure for adopting the standard, which provides unlimited access to the standard, is open and transparent; where there is a clear and balanced IP policy, including disclosure of good faith of essential intellectual property rights and an irrevocable obligation to license on reasonable and non-discriminatory terms (FRAND). For ETNO members, network-sharing agreements are probably the most important form of cooperation that should be covered by the HGL or in the proposed new category exemption regulation. For example, the guidelines consider a horizontal agreement to be economically advantageous if it is a means of risk-sharing, cost-cutting, increased investment, pooling of know-how, improving product quality and diversity, and introducing innovation more quickly. On the other hand, horizontal cooperation can create competition problems if it has negative effects on the market in terms of price, production, innovation or product diversity and quality. Commission (EU) regulations No 1217/2010 (Group Research and Development Regulation – “R-D BER”) and 1218/2010 (category exemption regulation for specialisation – “BER specialisation”), “horizontal class exemption regulations” (or “HBER”), with the exception of the prohibition under Article 101, paragraph 1 of the Treaty, the R and D and specialization which can reasonably be expected to meet the conditions of Article 101, paragraph 3, of the treaty.
The Commission`s guidelines for horizontal cooperation agreements (`GLOLs`) contain binding guidelines for the Commission on HR interpretation and the application of Article 101 of the Treaty to other horizontal agreements. HBERs expire on December 31, 2022. In addition to the above articles, these types of horizontal cooperation agreements and/or cooperation practices have been addressed in two Commission regulations known as “horizontal category exemption regulations”: research and development agreements (R and; D), production agreements, sales contracts, marketing agreements, standardization agreements and information exchanges.