The European Commission is consulting on drafts of a revised Technology Transfer Block Exemption Regulation (TTBER) and revised Guidelines on application of Article 101 of the Treaty to technology transfer agreements.
Technology transfer agreements are agreements by which one firm authorises another to use certain technology rights, such as patents, design rights or software copyrights to produce goods and services. The TTBER exempts technology transfer agreements that meet certain conditions from the prohibition of anti-competitive agreements in Article 101 of the Treaty on the Functioning of the European Union (TFEU). If companies design technology transfer agreements in accordance with the TTBER, they comply with Article 101.
The revisions of the TTBER and Guidelines follow an evaluation of the current rules last year, which have been in effect since 2014.
The main proposed changes cover several areas, including:
- TTBER market share thresholds: the revised TTBER and Guidelines clarify the application of the TTBER’s market share thresholds for technology markets. They extend the grace period during which the block exemption continues to apply in cases where parties’ market shares rise above TTBER thresholds by one year.
- Technology pools: the conditions of the soft safe harbour for technology pools have been modified. Technology pools are arrangements under which technology owners assemble technology rights in a package which they license to pool members and third parties. The proposed modifications aim to improve transparency about the technology rights included in the pool.
- Licensing Negotiation Groups (LNGs): the revised Guidelines include new guidance for competitive assessment of LNGs. These are arrangements under which technology implementers negotiate terms of technology licences that they wish to obtain from technology owners. The Guidelines now outline possible pro- and anti-competitive effects of LNGs.
- Data licensing: draft revised guidelines now cover licensing of certain types of data. They make clear that the Commissions will apply the principles of the TTBER and Guidelines to data licensing where licensed data forms part of a database protected by copyright or the sui generis right in the Database Directive.
The consultation ends on 23 October 2025. The Commission will take this feedback into account when it finalises the revised rules before the current TTBER expires on 30 April 2026.
