European Union: European Commission adopted Technology Transfer Block Exemption Regulation

On 16 April 2026, the European Commission adopted the revised Technology Transfer Block Exemption Regulation (TTBER). The regulation exempts certain categories of technology transfer agreements from the prohibition of anti-competitive agreements under Article 101 of the Treaty on the Functioning of the European Union (TFEU). The exemption applies to licensing agreements for technology rights, including patents, software copyrights, and know-how, provided the market share of competing undertakings does not exceed 20% or 30% for non-competing undertakings. The Regulation defines hardcore restrictions that disqualify an agreement from the exemption, such as price-fixing, output limitations, and certain market allocations. Furthermore, it clarifies that the Commission or national competition authorities may withdraw the benefit of the exemption if an agreement is found to have effects incompatible with the internal market, such as restricting third-party access to technologies. The regulation enters into force on 1 May 2026.