United Kingdom: Competition and Markets Authority opened consultation on proposal to replace Assimilated Technology Transfer Block Exemption Regulation

On 14 March 2025, the Competition and Markets Authority (CMA) opened a consultation on the Proposed Recommendation to the Secretary of State for Business and Trade concerning the Assimilated Technology Transfer Block Exemption Regulation (Assimilated TTBER), until 11 April 2025. 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, including 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, 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. The CMA is also reviewing the accompanying Technology Transfer Guidelines and has invited stakeholder feedback on definitions, thresholds, restrictions, and UK-specific considerations, before finalising its recommendation to the Secretary of State.