European Commission and Directorate-General for Competition 1 June 2023, COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT REPORT Accompanying the documents COMMUNICATION FROM THE COMMISSION Approval of the content of a draft for a Communication from the Commission – Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements COMMISSION REGULATION (EU) …/… of XXX 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 COMMISSION REGULATION (EU) …/… of XXX on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements

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European Union · · · 01-06-2023

Table of contents 1. Introduction: economic, political and legal context 1.1. Regulation 1217/2010: the R&D BER 1.2. Regulation 1218/2010: the Specialisation BER 1.3. The Horizontal Guidelines 1.4. The evaluation of the HBERs and the Horizontal Guidelines 1.5. Other issues addressed by this initiative 2. Problem definition 2.1. What are the problems? 2.1.1.

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