Further Reflections on the Impact of the EC Horizontal Cooperation Guidelines on Intellectual Property Rights and Innovation

The European Commission has now issued its Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements (the “Guidelines“). The final version of Chapter 7 of the Guidelines reflects significant modifications from the draft released last year, and appear to reflect an attempt to address many comments submitted regarding the draft’s lack of balance in Chapter 7 between int