Draft Technology Transfer Agreements Block Exemption Order

The Secretary of State for Business and Trade has accepted the Competition and Markets Authority’s (CMA) recommendation that an order should be made under section 6 of the Competition Act 1998 exempting certain technology transfer agreements from the prohibition of anticompetitive agreements set out in Chapter I of the Act.

The Order will replace a similar block exemption, the assimilated Technology Transfer Block Exemption Regulation (TTBER), which was made under EU law and assimilated into UK law following the UK’s withdrawal from the EU. The assimilated TTBER expires on 30 April 2026.

The new Order will largely maintain the current exemption regime, while introducing some limited changes. It will help ensure that businesses are not prevented or disincentivised from entering into agreements that the CMA considers to be essentially benign or beneficial.

The draft explanatory memorandum provides a more detailed explanation of the draft legislation. 

This consultation welcomes views and feedback on the draft Order to ensure it delivers the policy correctly and effectively.

You can send your feedback and response to competitionpolicy@businessandtrade.gov.uk.

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