European Union: European Commission opened consultation on revised Technology Transfer Block Exemption Regulation

On 11 September 2025, the European Commission opened a public consultation on the revised Technology Transfer Block Exemption Regulation (TTBER), until 23 October 2025. The draft regulation aims to provide a block exemption that automatically exempts specific technology licensing agreements from the general prohibition on anti-competitive agreements under Article 101 of the Treaty on the Functioning of the European Union. The draft regulation sets market share thresholds for the exemption, with a combined market share not exceeding 20% for competing companies and individual market shares not exceeding 30% for non-competing companies. It broadly defines technology transfer agreements to include the licensing of patents, know-how, software copyrights, design rights, and other intellectual property rights for production. The draft regulation outlines hardcore restrictions that would exclude agreements from the exemption, such as price-fixing and market allocation for competing companies, and territorial and customer restrictions for non-competing companies. Additionally, it specifies excluded restrictions such as exclusive grant-back obligations and non-challenge clauses. Provisions are included for the withdrawal of the exemption in individual cases or across entire markets if anti-competitive effects are found. The draft regulation, if adopted, is scheduled to enter into force on 1 May 2026, expire on 30 April 2038, and will replace Regulation 316/2014, with a one-year transitional period for existing agreements.