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

On 23 October 2025, the European Commission closes the consultation on the revised Technology Transfer Block Exemption Regulation (TTBER). 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.