In addition, a temporary research and development agreement should be distinguished from an indeterminate research and development agreement and, in circumstances of adequacy and fairness, compensation may also be paid in the event of termination of a research and development agreement. In order to develop and terminate a research and development agreement, you should therefore take this into account and preferably consult a legal expert. It is an agreement on equal cooperation between the parties in the field of research and development. It is part of the group called horizontal agreement and has specific eu/EEA legislation. 1. www.businessdictionary.com/definition/research-and-development-R-D.html In addition, there must be a significant restriction of competition for the applicable rules. Otherwise, certain competition restrictions may be permitted by „de minimis“ communication, as long as the conditions of communication are met. The European Commission and ESA give the communication a definition of what a significant restriction of competition is. Research and development agreements are small horizontal agreements. For this reason, it is not considered that they substantially restrict competition if the market share held by the parties in the market in question affected by the R and amp; D is less than 15%.
If the parties are real or potential competitors, this rate is reduced to 10%.