EU Commission Updates Antitrust Framework For Technology Transfer Agreements

The European Commission has adopted a revised Technology Transfer Block Exemption Regulation (TTBER) and updated Guidelines, both of which took effect on May 1, 2026. A one-year transitional period applies to agreements already in force.

Revised Framework Under Article 101 TFEU

Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits agreements between companies that restrict competition within the EU internal market. The prohibition does not exempt technology licensing agreements by default. The revised TTBER and updated Guidelines set out the conditions under which such agreements may be impacted by block exemption.

The exemption applies automatically: agreements that satisfy the TTBER’s conditions do not require individual assessment. The regulation covers any agreement capable of affecting competition within the EU internal market, regardless of where the parties are incorporated.