United Kingdom: Competition Act (Technology Transfer Agreements Block Exemption Order) enters into force

On 1 May 2026, the Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026 (SI 2026/369) (TTBEO) entered into force, replacing the Assimilated Technology Transfer Block Exemption Regulation (Assimilated TTBER), which expired on 30 April 2026. The TTBEO applies 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 exempts qualifying technology transfer agreements from the Chapter I prohibition in the Competition Act 1998. The TTBEO removed references to utility models from the definition of technology rights, introduced definitions of active sales and passive sales aligned with the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022, and introduced an alternative test for block exemption based on the existence of 3 or more independently controlled competing technologies in respect of technology markets. Agreements concluded before 1 May 2026 that satisfied the conditions of the Assimilated TTBER but do not satisfy the conditions of the TTBEO benefit from a one-year transitional period until 30 April 2027.