United Kingdom: Secretary of State for Business and Trade issued Competition Act (Technology Transfer Agreements Block Exemption Order)

On 25 March 2026, the United Kingdom Secretary of State for Business and Trade made the Competition Act 1998 (Technology Transfer Agreements Block Exemption Order) 2026 (SI 2026/369) (TTBEO), accepting the Competition and Markets Authority (CMA) recommendation of 30 September 2025, subject to minor clarificatory modifications. The TTBEO will apply to technology transfer agreements, which are agreements for the licensing of certain technology rights, including patents, software copyrights, design rights, know-how, and, for the first time, copyright in databases and database rights. The TTBEO will exempt qualifying technology transfer agreements from the Chapter I prohibition in the Competition Act 1998. The TTBEO will remove references to utility models from the definition of technology rights, will introduce definitions of active sales and passive sales aligned with the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022, and will introduce an alternative test for block exemption based on the existence of 3 or more independently controlled competing technologies in respect of technology markets. The TTBEO enters into force on 1 May 2026.