Commission publishes findings of evaluation of the EU competition rules on technology transfer agreements

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


The European Commission has today published a Staff Working Document (‘SWD’) that summarises the findings of its evaluation of the Technology Transfer Block Exemption Regulation (‘TTBER’) and the accompanying Guidelines on the application of Article 101 of the Treaty to technology transfer agreements (‘Guidelines’).

The aim of the evaluation was to gather evidence on the functioning of the TTBER and of the accompanying Guidelines, for the Commission to determine whether it should let the rules expire, prolong their duration or revise them. In view of the findings of the evaluation, the Commission will now launch an impact assessment to examine policy options for a revision of the rules.

In November 2022, the Commission launched the review of the TTBER, which will expire on 30 April 2026, and of the accompanying Guidelines. During the evaluation, the Commission gathered evidence to understand how the rules have functioned since their adoption in 2014. This evidence includes feedback from a public consultation and a stakeholder workshop. The Commission also commissioned an external evaluation support study. The final report of the support study and the summary of the stakeholder workshop have also been published today.

Main findings of the evaluation

The evaluation has shown the following:

  • The TTBER and the Guidelines have been largely successful in ensuring theeffective, efficient and uniform application of EU competition rules to technology transfer agreements. They have assisted companies in self-assessing the compliance of their technology transfer agreements with EU competition rules.
  • The objectives of the TTBER and the Guidelines remain relevant, namely to block-exempt only pro-competitive technology transfer agreements and to provide legal certainty for companies wishing to enter into such agreements.

The evaluation also shows thatthe TTBER and the Guidelines could be improved in certain areas to increase legal certainty and reflect recent market developments. These include the following:

  • Some stakeholders identified practical difficulties in applying one of the two market share thresholds contained in the TTBER, namely the threshold for technology markets. Technology markets consist of the licensed technology right(s) and other technologies that are regarded as interchangeable by licensees.
  • Stakeholders also suggested broadening the scope of the TTBER to cover the licensing of data or data rights, which have a growing importance in the digital economy, and/or providing guidance on this issue in the Guidelines.
  • The safe harbour provided in the Guidelines for technology pools has generally worked well. It sets out the conditions that, if met, usually ensure that the pool does not breach EU competition rules. However, some stakeholders consider that these conditions do not always guarantee that only compliant pools benefit from the safe harbour.
  • Some stakeholders consider that the Commission should provide guidance on the competition law assessment of licensing negotiation groups, namely groups of technology implementers who negotiate technology licences together.

Next steps

The Commission will now launch the impact assessment phase of the review to look into the issues identified during the evaluation with a view to having revised rules in place by the date when the current rules will expire.

Stakeholders will have the possibility to comment on the call for evidence and to provide their views in the context of a public consultation, which is currently planned for December 2024.

Background

Article 101(1) of the Treaty on the Functioning of the European Union (‘TFEU’) prohibits agreements between companies that restrict competition. However, under Article 101(3) of the TFEU, such agreements can be declared compatible with the Single Market, provided they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits without eliminating competition.

The TTBER exempts certain categories of technology transfer agreements from the prohibition of anti-competitive agreements laid down in Article 101(1) of the TFEU, with the aim of strengthening the incentives for research and development, facilitating the diffusion of technologies and promoting competition. Technology transfer agreements are agreements by which one firm authorises another one to use certain technology rights, such as patents, design rights or software copyrights, for the production of goods or services. These agreements are, in general, pro-competitive, as they facilitate the diffusion of technology and incentivise research and development. However, some technology transfer agreements, or restrictions in such agreements, can also have negative effects on competition.

The TTBER aims to provide legal certainty to companies that wish to enter into technology transfer agreements, while ensuring that competition is protected. The Guidelines provide guidance on the application of the TTBER and on the individual assessment under Article 101 of the TFEU of technology transfer agreements that fall outside the block exemption.

For more information

More information is available on the Commission’s competition website, on the dedicated TTBER and Guidelines review webpage.

Margrethe Vestager, Executive Vice-President in charge of competition policy


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNICEF/Amer Almohibany Destroyed buildings in Harasta, Ghouta. A suburb of Damascus, Ghouta was the site of a deadly chemical weapons attack in August 2013.

Undeclared chemical weapons found in Syria, including type used in notorious Ghouta massacre

This article is published in association with United Nations. Chemical weapons inspectors have uncovered a significant cache of previously undeclared chemical weapons in Syria – including rockets of the same type used in the notorious 2013 Ghouta attack – in what the UN’s top disarmament official called a “momentous discovery” for international security. Izumi Nakamitsu briefed […]
© UNICEF Vanessa Frazier, Special Representative on Children and Armed Conflict, during a visit to frontline areas in Ukraine.

Growing up with sirens: UN child rights envoy on the toll of the Ukraine-Russia war

This article is published in association with United Nations. Children in Ukraine have been profoundly impacted by years of war, sheltering in underground schools – or forced to study online – and living with the psychological strain of constant air raid sirens that could spell death for them and their families. But children on both sides […]
OCHA/Charlotte Cans The El Niño-induced drought in Ziway Dugda, Oromia region of Ethiopia, is affecting every family and they don't have enough food at home to feed themselves. (file photo).

El Niño confirmed, set to fuel more extreme weather, says WMO

This article is published in association with United Nations. The UN urged all countries on Tuesday to bolster early warning systems after confirming the onset of El Niño, warning that the Pacific Ocean-warming phenomenon will bring above-average temperatures “nearly everywhere” and fuel more extreme weather. According to the World Meteorological Organization (WMO), there is an 80 […]
© UNICEF The aftermath of a Russian strike on a residential area in Kyiv, Ukraine’s capital.

UN deplores another wave of Russian attacks across Ukraine

This article is published in association with United Nations. Overnight attacks in three key cities in Ukraine have left several civilians dead, scores more injured, and homes, hospitals and shops destroyed or damaged, the UN Humanitarian Coordinator in the country said on Tuesday.  Matthias Schmale condemned the large-scale Russian assault on the capital Kyiv, as well as Dnipro and Kharkiv, […]
© WHO/Joël Lumbala A shipment of essential medical supplies for the Ebola response arrives at Bunia airport in Ituri province, DR Congo.

DR Congo Ebola outbreak: Nurses discharged after full recovery

This article is published in association with United Nations. Four nurses who fell ill with Ebola in the eastern Democratic Republic of the Congo (DRC) have been discharged from hospital after recovering from the often-fatal illness that sparked an international health alert.  “More recoveries are expected, especially when people are diagnosed early and able to access care, and […]
This article is published in association with United Nations.

Under fire, Kharkiv is already building for a peaceful tomorrow

This article is published in association with United Nations. Every day in Kharkiv begins with uncertainty: air raid sirens interrupt sleep; missiles strike residential neighbourhoods, industrial sites, and roads. Anxious citizens rush into metro stations during bombardments and children study underground. Yet amid the destruction, Ukraine’s second-largest city is doing something that may seem almost impossible […]
© UNOCHA A heavily damaged apartment building in Sloviansk, eastern Ukraine.

UN warns Ukraine war risks spiralling ‘out of control’

This article is published in association with United Nations. The United Nations on Thursday warned of a dangerous escalation in the war in Ukraine after a wave of large-scale Russian strikes and threats of further attacks, with Secretary-General António Guterres saying “the death spiral must stop.” Addressing the Security Council in New York, Mr. Guterres said […]
© WHO A frontline health worker in PPE (personal protective equipment) takes part in the Ebola response in eastern Democratic Republic of the Congo.

Ebola outbreak in DR Congo collides with conflict and hunger, WHO warns

This article is published in association with United Nations. The UN World Health Organization (WHO) on Wednesday warned that eastern Democratic Republic of the Congo faces a “catastrophic collision of disease and conflict” as a fast-spreading Ebola outbreak outpaces containment efforts in a region already battered by armed violence, mass displacement and acute hunger. WHO Director-General […]
© WFP/Michael Castofas WFP staff and responders handle boxes of supplies at a logistics site in DR Congo during the Ebola outbreak.

International airlines urged to stick to safety measures in wake of Ebola outbreak

This article is published in association with United Nations. As a deadly Ebola strain continues to spread in the Democratic Republic of the Congo (DRC), with cases confirmed in neighbouring Uganda, the UN aviation agency is urging governments and flight operators to closely follow guidelines put in place following the COVID-19 pandemic. The outbreak of the […]
© WHO Supplies to bolster the response against the Ebola outbreak in Ituri province arrive in the town of Bunia.

Ebola epidemic spreading rapidly and outpacing containment efforts

This article is published in association with United Nations. There are more than 900 suspected cases of the Bundibugyo strain of Ebola in the Democratic Republic of the Congo, and 220 suspected deaths, the head of the World Health Organization (WHO), Tedros Ghebreyesus, said on Monday. The latest outbreak of the deadly disease, which WHO has declared […]
This article is published in association with United Nations.

WHO chief calls for urgent Ebola action and pandemic preparedness

This article is published in association with United Nations. The recent Ebola and hantavirus outbreaks demonstrate that the world is still vulnerable to rapidly spreading infectious diseases, Tedros Ghebreyesus, the head of the World Health Organization (WHO), warned on Saturday at the close of the 79th World Health Assembly in Geneva. His call came as Ugandan […]
This article is published in association with United Nations.

UN agencies step up Ebola response in eastern DR Congo

This article is published in association with United Nations. United Nations agencies have moved swiftly to support efforts to contain the latest Ebola outbreak in eastern Democratic Republic of the Congo (DRC), delivering emergency medical supplies, protective equipment and logistics support. As health authorities in both the DRC and Uganda respond to the deadly resurgence, the […]
© UNICEF/Josue Mulala Emergency aid is prepared for delivery to Kasaï province in response to the recently declared Ebola virus disease outbreak in DR Congo.

Ebola risk is high inside DR Congo but it’s no pandemic emergency: WHO

This article is published in association with United Nations. The deadly Ebola outbreak in Democratic Republic of the Congo (DRC) and Uganda does not represent a global pandemic emergency, although the risk is high at a regional and national level, the UN health agency chief said on Wednesday. In an update on the fast-developing situation in […]
This article is published in association with United Nations.

How the Hormuz crisis keeps disrupting kitchens, ports and paychecks

This article is published in association with United Nations. The fragile ceasefire between the United States and Iran may have eased fears of a wider regional war, but persistent instability around the Strait of Hormuz continues to disrupt global trade, drive up energy costs and fuel a growing jobs and cost-of-living crisis. The fallout is being […]
© UNFPA Ukraine In March 2026, a maternity hospital in Odesa, Ukraine was attacked by Russian forces.

World News in Brief: More attacks in Ukraine, violence against children in Haiti, refugee IDs in Africa

This article is published in association with United Nations. Civilians, including humanitarians, continue to face great danger across war-torn Ukraine amid ongoing hostilities, according to the UN humanitarian relief coordination office there, OCHA. Over the past three days, frontline attacks killed at least 11 civilians and injured nearly 200 others, including five children, as reported by […]
UN Photo/Milton Grant Sculpture depicting St. George slaying the dragon. The dragon is created from fragments of Soviet SS-20 andUnited States Pershing nuclear missiles.

Nuclear terror threat ‘has never been so high’

This article is published in association with United Nations. The widespread availability of new technology, such as militarised drones and artificial intelligence, means that the current threat of nuclear terrorism is higher than it has ever been. The humanitarian, environmental, and economic consequences of a radiological or nuclear terrorist attack would be global, undermining international peace […]
© UNICEF/Nyan Zay Htet Recent disruptions to energy supplies and global supply chains have reverberated across development and humanitarian sectors, including relief efforts in Myanmar, where millions remain in need of assistance.

Global energy and trade disruption pushing millions towards poverty

This article is published in association with United Nations. Disruptions to global energy supplies and trade corridors are driving up the cost of food, transport and essential goods worldwide, slowing economic growth and increasing pressure on vulnerable households and debt-strapped developing countries. The warnings came during a special meeting of the UN Economic and Social Council […]
UN Photo/Eskinder Debebe UN Relief Chief Tom Fletcher (centre) along with Ambassador Mike Waltz (right) and Jeremy P. Lewin of the United States hold a joint press briefing on funding to the humanitarian system.

UN welcomes $1.8 billion US boost for humanitarian operations

This article is published in association with United Nations. An additional $1.8 billion in US humanitarian funding will allow the United Nations and its partners to expand emergency relief operations reaching millions of people worldwide, as rising global needs and funding shortfalls force aid agencies to scale back assistance. The funding announcement, made on Wednesday by […]
© WHO/Hanan Balkhy Displaced families are living in overcrowded tents and makeshift shelters, surrounded by waste and debris, with limited access to safe water and sanitation services.

World News in Brief: Mounting waste in Gaza, drone attacks in Sudan, aid truck struck in Ukraine

This article is published in association with United Nations. Mounting waste and limited access to sanitation sites are deepening health risks for families across Gaza, as humanitarian workers warn that overcrowded dumping areas and worsening living conditions threaten vulnerable communities. Ramiz Alakbarov, UN’s top aid official in Occupied Palestinian Territory visited a dumping site in Gaza […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com