European Commission Adopts Revised Technology Transfer Block Exem
European Commission Adopts Revised Technology Transfer Block Exem
Publish Date: 2026-06-09 14:19:00
Source Domain: natlawreview.com
The European Commission has adopted a revised Technology Transfer Block Exemption Regulation (TTBER) and updated Guidelines, both of which took effect on May 1, 2026. A one-year transitional period applies to agreements already in force.
Revised Framework Under Article 101 TFEU
Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits agreements between companies that restrict competition within the EU internal market. The prohibition does not exempt technology licensing agreements by default. The revised TTBER and updated Guidelines set out the conditions under which such agreements may be impacted by block exemption.
The exemption applies automatically: agreements that satisfy the TTBER’s conditions do not require individual assessment. The regulation covers any agreement capable of affecting competition within the EU internal market, regardless of where the parties are incorporated.
Updated Safe-Harbor Thresholds and Grace Period Adjustments
The market share thresholds remain at 20% for agreements between competitors and 30% for agreements between non-competitors. Technologies without revenue may now be attributed a zero-market share, simplifying analysis for pre-commercial technologies. The grace period following an exceedance of the applicable threshold has been extended from two years to three years.
Data Licensing Under the Revised TTBER
The revised framework addresses data licensing expressly for the first time. An agreement falls within the TTBER where the licensed data qualifies as know-how or is protected as a database under EU copyright law or the sui generis database right, provided the license is granted for the production of goods or the provision of services. Outside these categories, the European Commission has indicated it will apply TTBER principles by analogy under Article 101 TFEU.
Changes to Technology Pools, Collective Negotiations, and Settlements
Technology pools must now implement safeguards to prevent…
