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7 April 2020 October 2020 6 May 2021 Key findings of the Staff Working Document The Staff Working Document responds to feedback that the Commission has received in consultations to date, and concludes that the H-BERs and the Horizontal Guidelines are useful instruments and remain relevant for stakeholders, but that they require revision in certain areas. The key feedback identified by the Commission includes: General issues Discrepancies in definitions compared to other EU legislation (e.g., non-full functionality joint ventures, potential competitors) Insufficient clarity on the centre of gravity of horizontal cooperation agreements (when cooperation involves a combination of different types of horizontal agreement) Guidance solely aimed at horizontal cooperation may be insufficient, as cooperation agreements often include some vertical elements

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