Business & Commerce

#2026/369The Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026

🇬🇧United Kingdom··Statutory Instrument·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This Order creates a block exemption under the Competition Act 1998 for technology transfer agreements, allowing certain patent, know-how and software copyright licensing agreements to be exempt from the Chapter I prohibition on anti-competitive agreements. The exemption applies provided the parties' market shares do not exceed specified thresholds and the agreement does not contain hardcore restrictions such as price-fixing or output limitations. It replaces and updates the previous assimilated TTBER that had a technical defect. The Order also makes a minor amendment to the parallel Research and Development Block Exemption Order 2022.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Introduces new Technology Transfer Block Exemption effective from 1 May 2026
  • Exemption applies where parties' combined market share ≤ 20% for competitors or individual share ≤ 30% for non-competitors
  • Lists specific hardcore restrictions that remove the entire exemption (Article 7)

+ 3 more changes with Pro

Obligations

What this law requires

high

Parties to technology transfer agreements must ensure combined market share does not exceed specified thresholds to qualify for block exemption

Parties to technology transfer agreements involving patents, know-how, or software copyright licensing
operational
high

Technology transfer agreements must not contain hardcore restrictions including price-fixing or output limitations

Parties to technology transfer agreements
prohibition
high

Parties must provide information to the Competition and Markets Authority upon request regarding their technology transfer agreements

Parties to technology transfer agreements benefiting from block exemption
reporting
high

Failure to comply with information provision obligations may result in loss of block exemption protection

Parties to technology transfer agreements
operational
medium

Block exemption may be cancelled in individual cases by the Competition and Markets Authority if conditions are breached

Parties to technology transfer agreements
operational

Affected Parties

Technology companiesPatent holders and licensors+4 more…

Tags

competition law,technology transfer,block exemption