The European Commission has launched a public consultation on the future of the Technology Transfer Block Exemption Regulation (TTBER) and its accompanying Guidelines. With the current regulation set to expire on 30 April 2026, the Commission seeks feedback on potential revisions to ensure the framework remains fit for purpose in an evolving technological and legal landscape.
What is the Technology Transfer Block Exemption Regulation (TTBER)?
The TTBER, currently codified in Regulation (EU) No 316/2014, provides an exemption from EU competition rules for certain technology transfer agreements. These agreements involve the licensing of patents, know-how, software copyrights, and other intellectual property (IP) rights between companies, allowing them to collaborate on developing and commercializing technologies without breaching antitrust laws.
Under normal circumstances, technology licensing agreements could be considered anti-competitive, as they often involve restrictions on competition. However, the TTBER provides a safe harbor, exempting agreements that meet specific conditions from the general prohibition on restrictive practices under Article 101 of the Treaty on the Functioning of the European Union (TFEU). The regulation ensures that such collaborations foster innovation and benefit consumers while preventing anti-competitive behavior.
Why is a Revision Being Considered?
The Commission’s call for evidence and public consultation aims to assess whether the TTBER remains effective and relevant in light of market and technological developments. Several key factors may drive a potential revision:
- Technological Advancements: Since the TTBER was last revised in 2014, rapid advancements in artificial intelligence (AI), blockchain, and data-driven technologies have reshaped the digital economy. The current framework may need adjustments to accommodate new licensing models and emerging technologies.
- Increasing Data and Software Licensing: Traditional IP licensing primarily focused on patents and know-how, but the growing importance of data access and software-based innovation may necessitate expanded provisions within the TTBER.
- Evolving Market Dynamics: The competitive landscape has changed significantly, with an increase in collaborations between large technology firms and startups, as well as cross-sector partnerships. A revision may be required to strike a balance between encouraging innovation and preventing market dominance by a few key players.
- Alignment with EU Policy Goals: The EU’s broader objectives, including digital transformation, sustainability, and resilience, may influence the TTBER’s future direction. Ensuring that technology transfer agreements support these goals without distorting competition is a key consideration.
Next Steps
The Commission’s public consultation allows stakeholders, including businesses, legal experts, and industry associations, to provide input on how the TTBER should evolve. Following this consultation, the Commission may propose revisions to the regulation, ensuring it continues to facilitate technology transfer while maintaining fair competition.
Companies engaging in technology licensing should closely monitor these developments and assess potential impacts on their contractual agreements. Seeking legal advice will be essential to navigating any future regulatory changes effectively.
For expert guidance on the TTBER and upcoming revisions, contact our legal team to ensure compliance and strategic positioning in the evolving EU competition law landscape.