A. Introduction

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Art. 101 para. 3 TFEU provides for certain exceptions on the general rule that all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, are incompatible with the internal market.

B. Commission Regulation (EC) No 2658/2000

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As of 2000 the Commission applied Art. 81 para. 3 (now Art. 101 TFEU) of the EC Treaty by regulation to categories of specialisation agreements. This was done by Commission Regulation (EC) No 2658/2000 of 29 November 2000 on the application of Article 81(3) of the Treaty to categories of specialisation agreements.These specialisation agreements were considered as satisfying the conditions laid down in Article 101(3) of the Treaty.

B. Commission Regulation (EU) No 1218/2010

I. Entry into force

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Because this regulation expired on 31 December 2010, the Commission adopted a new block-exemption regulation addressing this matter.This regulation came into force on 1 November 2011. 

II. Direct effect

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As a rule all regulations have direct effect. Art. 288 TFEU states that they are directly applicable in all Member States. As a result all individuals can invoke the provisions of a regulation immediately before a national or European court.  

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