United Kingdom: Competition and Markets Authority closes consultation on draft guidance on application of Chapter I prohibition in Competition Act 1998 to technology transfer agreements

On 11 June 2026, the Competition and Markets Authority closes the consultation on draft guidance on the application of the Chapter I prohibition in the Competition Act 1998 to technology transfer agreements. The draft guidance is directed at businesses assessing whether their technology transfer agreements fall within the scope of the Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026 (SI 2026/369) (TTBEO), which entered into force on 1 May 2026, and therefore benefit from an exemption from the Chapter I prohibition. The guidance would replace the European Union 2014 Technology Transfer Guidelines in the United Kingdom and address when technology transfer agreements are likely to restrict competition and when such agreements would be treated as exempt under section 9(1) CA98. It would remove references to utility models from the definition of technology rights and expand the definition to include copyright in databases and database rights. The guidance would also introduce definitions of active and passive sales aligned with the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 and establish an alternative test for block exemption based on the existence of three or more independently controlled competing technologies in technology markets. It would further address the competition law assessment of technology pools, including disclosure of technology rights, essentiality assessment methodologies, and royalty terms on a fair, reasonable, and non-discriminatory (FRAND) basis, and would not include specific guidance on licensing negotiation groups.