Art. 2 - Exemption - Regulation 1218-2010

Article 2

Exemption

1. Pursuant to Article 101(3) of the Treaty and subject to the provisions of this Regulation, it is hereby declared that Article 101(1) of the Treaty shall not apply to specialisation agreements.
This exemption shall apply to the extent that such agreements contain restrictions of competition falling within the scope of Article 101(1) of the Treaty.
2. The exemption provided for in paragraph 1 shall apply to specialisation agreements containing provisions which relate to the assignment or licensing of intellectual property rights to one or more of the parties, provided that those provisions do not constitute the primary object of such agreements, but are directly related to and necessary for their implementation.
3. The exemption provided for in paragraph 1 shall apply to specialisation agreements whereby:
(a) the parties accept an exclusive purchase or exclusive supply obligation; or
(b) the parties do not independently sell the specialisation products but jointly distribute those products.