Cullen International has published a report looking at new guidance on mobile network sharing, data sharing and sustainability agreements included in the European Commission’s draft revised guidelines on the applicability of 101 TFEU to horizontal cooperation agreements (Horizontal Guidelines).

The Horizontal Guidelines explain when and how companies can cooperate with their competitors without violating EU competition rules.

The Commission is looking to update these guidelines by the end of 2022. It is consulting on the draft revised text until 26 April 2022.

According to competition commissioner Margrethe Vestager, the aim of the revisions is “to keep up with developments so that beneficial cooperation can take place, for example when it comes to sustainability or data sharing”.

Among other things, the draft revised Horizontal Guidelines:

• set out, for the first time, explicit Commission guidance on mobile network sharing agreements;
• elaborate on the circumstances under which data sharing might lead to anticompetitive foreclosure; and
• include a new chapter on agreements between competitors that pursue sustainability objectives.

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