I. Introduction and background
A block exemption regulation (BER) allows market players the benefit of a safe harbour from the prohibition in Article 101(1) of the Treaty on the Functioning of the European Union (the TFEU) provided they comply with the BER's conditions. If they do, they are ex ante in line with EU competition law. Agreements not covered by a BER are not presumed to be illegal, but instead must be assessed under Article 101(1) TFEU and if appropriate, Article 101(3) TFEU.
