The European Commission has adopted revised rules governing the application of EU competition law to technology transfer agreements, namely the updated Technology Transfer Block Exemption Regulation (“TTBER”) and accompanying Guidelines. These instruments set out the conditions under which technology licensing agreements may be exempted from the prohibition of anti-competitive agreements under Article 101 of the Treaty on the Functioning of the European Union (“TFEU”) and provide guidance for agreements falling outside the safe harbour.
Technology transfer agreements, through which undertakings license intellectual property rights such as patents, design rights or software, are generally considered to promote the dissemination of technology and incentivise innovation. However, certain restrictions embedded in such agreements may give rise to competition concerns. In this context, the revised framework aims to ensure legal certainty while reflecting evolving market dynamics, particularly in digital markets.
The revised rules introduce several key updates. Firstly, they address the increasing strategic importance of data by including specific guidance on data licensing agreements, clarifying that such arrangements will generally be assessed in line with principles applicable to technology transfer agreements. Secondly, the Guidelines provide a detailed assessment framework for licensing negotiation groups, distinguishing legitimate joint negotiations from potential buyer cartels and identifying safeguards to mitigate competition risks.
In addition, the revised framework simplifies the application of market share thresholds, particularly in cases where licensing occurs prior to the commercialisation of a technology and further clarifies the conditions under which technology pools may benefit from safe harbour protection. The new rules are intended to provide clearer and more predictable guidance for undertakings engaging in technology licensing, thereby supporting innovation, investment and the wider dissemination of technology within the internal market.
The revised TTBER and Guidelines will enter into force on 1 May 2026.
(Commission – 16.04.2026)
NAZALI TAX & LEGAL