The European Commission Seeks Public Input On The Draft Revised Technology Transfer Block Exemption Regulation And Technology Transfer Guidelines

The European Commission has launched a public consultation on draft revisions of the Technology Transfer Block Exemption Regulation and the accompanying Guidelines. The proposed revisions aim to clarify the rules on market share thresholds, update the guidance for technology pools, and introduce new guidance on licensing negotiation groups as well as data licensing.

Background

Article 101(1) of the Treaty on the Functioning of the European Union ("TFEU") generally prohibits agreements between companies that restrict competition. However, pursuant to Article 101(3) TFEU, certain agreements may be exempted from this prohibition if they satisfy specific conditions. These include agreements that contribute to improving the production or distribution of goods, or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits and without eliminating competition.