Out-Law from Pinsent Masons
Our Take: I’ll be honest, I’ve not fully digested this. Competition law takes a lot of brain power. But I do want to dig some more into the new data licensing elements when I get the chance – I think this is where regulators need to be really thoughtful.
Your Takeaway: Depends on who you are – commercial lawyers, make sure you have at least an understanding of these changes. Small businesses, you can probably scroll on by!
New competition rules governing technology licensing agreements have now taken effect in both the EU and UK.
Highlights
The provisions of the new the UK TTBEO are for the most part in alignment with those of the TTBER
Data licensing agreements are increasingly common, but they were not covered under the 2014 TTBER and guidelines.
New guidelines on data licensing
Clearer market share thresholds
A one-year transitional period, until 30 April 2027, applies under both the EU and UK regimes for existing technology transfer agreements that comply with the old TTBER requirements but not the new rules. New technology transfer agreements implemented from today must immediately comply with the new rules.
In the UK, a new Technology Transfer Agreements Block Exemption Order (TTBEO) – which was subject to separate review and consultation by the UK government and the Competition and Markets Authority (CMA) – also enters into force today, 1 May. The TTBEO replaces the 2014 TTBER which was “assimilated” into UK national law following Brexit. The CMA is currently consulting on draft new guidance for the UK TTBEO regime.
In the EU, a revised Technology Transfer Block Exemption Regulation (TTBER) and revised Technology Transfer Guidelines (‘the guidelines’) enter into force today, 1 May. The revisions, which replace the 2014 versions, follow a four-year review by the European Commission into the functioning of the 2014 TTBER and related guidelines and aim to address concerns raised from a wide range of stakeholders.