Nearly three years after relaxing the conditions for companies to seek informal guidance on the compatibility of their collaboration agreements with EU competition law, the European Commission (the Commission) issued its first two informal guidance letters on July 9, 2025. Both cases concern agreements designed to deliver sustainability benefits — a key motivation behind the revised Informal Guidance Notice.1
Case 1: Automotive Licensing Negotiation Group (ALNG)2
This agreement involves the creation of a joint licensing negotiation group in the automotive sector to negotiate licenses for technologies covered by standard essential patents (SEPs).
The Commission found that the agreement does not raise concerns under Article 101 of the Treaty on the Functioning of the European Union (TFEU), based on the following:
- The combined market share of ALNG members is below 15% in the upstream licensing market. While their share exceeds 15% in the downstream market, the impact is negligible due to the low cost of licensing relative to the final product.
- Participation is open to other companies.
- SEP holders are not obliged to negotiate with the ALNG and may withdraw at any time.
- No commercially sensitive information is exchanged among ALNG members.
The Commission also acknowledged that the ALNG aims to increase efficiency in SEP licensing for digital technologies, contributing to the EU's decarbonization goals and the transition to net-zero emissions by 2050. The guidance also supports the competitiveness of the EU automotive sector.
Case 2: Joint Procurement of Electric Port Equipment3
The second agreement involves port terminal operators in EU ports collaborating on the joint purchasing and standard-setting for battery-electric container-handling equipment.
The initiative aims to accelerate the shift from diesel to electric equipment, addressing two key barriers:
- The higher cost of battery-electric carriers
- The lack of interoperability between charging systems from different suppliers
The Commission concluded that the agreement does not raise concerns under Article 101 TFEU, provided that:
- Individual port operators retain the freedom to purchase equipment independently.
- The volume of pooled procurement is capped to avoid negative impacts on suppliers.
- The exchange of competitively sensitive information is strictly limited to what is necessary for the collaboration.
Key Takeaways
- Sustainability remains a priority in the EU's competition policy, closely linked to the broader goal of boosting EU competitiveness.
- Despite initial doubts about the practical use of the Informal Guidance Notice — especially given the global nature of sustainability initiatives and divergent regulatory approaches — the tool has proven relevant and effective.
- In both cases, the Commission took approximately six to seven months to issue its guidance. This timeline reflects the complexity of the agreements and the information required. However, as the Commission gains experience, our hope is that the process will become more streamlined.
- The Commission's assessment seems to closely mirror that of national competition regulators such as the Dutch, Belgian, and German authorities who pioneered the issuing of guidance letters in similar cases in the last few years.
Footnotes
1 Commission Notice on informal guidance relating to novel or unresolved questions concerning Articles 101 and 102 of the Treaty on the Functioning of the European Union that arise in individual cases, October 3, 2022 C(2022) 6925 final.
2 European Commission Press Release, Commission provides guidance on the creation of a licensing negotiation group in the automotive sector for the licensing of standard essential patents.
3 European Commission Press Release, Commission provides guidance on sustainability agreement to reduce CO2 emissions in European ports.
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