The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal cooperation guidelines.
Members of our Brussels office have recently published their article ‘Consortia and Competition Law’ in the August 2022 edition of the CPI Antitrust Chronicle, which examines the role of consortia in procurement processes (tenders) and in M&A and discusses their assessment under EU competition law, looking at the limited guidance provided by case law and the new draft guidelines. It concludes with practical tips on issues to consider when assessing consortia collaborations.
Download a copy of our article here.
For further information, please contact:
Kyriakos Fountoukakos, Partner, Herbert Smith Freehills
kyriakos.fountoukakos@hsf.com
