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Forming Consortia for REACH Registration: Contractual and Competition Law Issues

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In order to reduce costs for industry and authorities, the Commission's proposal for a REACH Regulation of 29 October 2003 strongly supports the forming of consortia for the registration of about 30,000 substances subject to registration requirements. This article examines contractual issues to be observed when forming and operating consortia based on the REACH Proposal. Many of those issues risk provoking conflicts with European competition law which prohibits agreements between competitors objecting to or effecting the prevention, restriction or distortion of competition within the common market. The article examines these competition law issues and demonstrates that, given the potentially great number of consortia, there is a need for guidance in the form of a notice of the Commission in order to reduce the risk of an infringement of competition law.

Affiliations: 1: Redeker Sellner Dahs & Widmaier, Hartmut Scheidmann in Berlin

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