United Kingdom: Competition and Markets Authority published recommendation to replace Assimilated Technology Transfer Block Exemption

On 30 September 2025, the UK Competition and Markets Authority (CMA) published the recommendation to the Secretary of State for Business and Trade concerning the Assimilated Technology Transfer Block Exemption Regulation (Assimilated TTBER). The Assimilated TTBER expires on 30 April 2026. The Assimilated TTBER exempts certain technology transfer agreements, where a licensor licenses or assigns intellectual property rights such as patents, design rights, software copyrights or know-how, from the Chapter I prohibition of the Competition Act 1998. The CMA proposes recommending a new 12-year block exemption order covering the same categories, with changes including removing utility models from the definition of technology rights. It also recommends adding copyright in a database and database rights, adding definitions of active and passive sales, and replacing market share thresholds with a requirement that at least three independently controlled substitutable technologies exist in addition to those of the parties.