United Kingdom: Department for Business and Trade closes consultation on the draft Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026

On 9 February 2026, the Department for Business and Trade closes the public consultation that had been open since 5 January 2026 on the draft Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026. The draft Order would enact a recommendation by the Competition and Markets Authority to specify a category of technology transfer agreements for the purposes of Section 6 of the Competition Act 1998, exempting certain technology transfer agreements from the prohibition of anticompetitive agreements. The Order defines technology transfer agreements as agreements providing for the licensing of technology rights for the purpose of producing particular products, or for the assigning of technology rights for the purpose of producing particular products in such a way that part of the risk associated with the exploitation of those rights remain with the assignor. The Order would establish further conditions for exempt agreements, including market share thresholds, hardcore restrictions, excluded restrictions, and information obligations. The draft Order also provides transitional arrangements for pre-existing technology transfer agreements previously exempt under Commission Regulation (EU) No 316/2014 and amends the Competition Act 1998 (Research and Development Agreements Block Exemption) Order 2022. The draft Order has proposes 1 May 2026 as the date of entry into force and 31 December 2038 as the date of expiry.