Draft European Commission Block Exemption Regulation on Research and Development Agreements
Document No: PUB 3/10
Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) identifies in general terms classes of agreements that are incompatible with the internal market, subject to the possibility of exemption under Article 101(3), e.g. where the agreement promotes technical or economic progress. If an agreement is “caught” by Article 101(1) but not exempted under Article 101(3), then it is unenforceable.