Information
Public consultations
Revision of the rules for the assessment of licensing agreements for the transfer of technology under EU competition law
Policy field
Competition: Antitrust
Target group
Citizens, public authorities, organisations, and, in particular, the business community and their representatives as well as other stakeholders including industry associations and consumer interest associations who have had direct experience of applying the current rules on technology transfer agreements and/or who deal to a significant extent with such technology transfer agreements.
Period of consultation
From 06.12.2011 to 03.02.2012
Objective of the consultation
For the purpose of the EU competition rules, a technology transfer agreement is an agreement where one party (the licensor) authorizes another party (or parties, the licensee(s)) to use its technology (patent, know-how, software license) for the production of goods and services.
The EU competition rules for licensing agreements are set out in Article 101 of the Treaty on the Functioning of the European Union. Article 101 prohibits agreements between companies which lead to an appreciable restriction of competition. Enforcement of this primary rule is complemented by two instruments, the technology transfer block exemption regulation ("TTBER") and accompanying Guidelines (see legislation in force).
The TTBER creates a safe harbour for technology transfer agreements under EU competition law. The Guidelines provide guidance on the application of the TTBER as well as on the application of EU competition law to technology transfer agreements that fall outside the safe harbour of the TTBER. The competition rules aim to strengthen the incentives for initial R&D, facilitate diffusion of intellectual property and generate market competition.
These instruments will expire on 30 April 2014. In order to prepare the regime to be applied after that date and to ensure that it both reflects current market realities and provides for the possibility of non-competitors and competitors to enter into technology transfer agreements where it contributes to economic welfare without posing a risk for competition, the Commission invites stakeholders to present their views on their experiences in applying the BER and the accompanying Guidelines in practice. Receiving feedback from stakeholders is a key element of this review.
View the consultation documents
How to submit your contribution
We welcome contributions from citizens, organisations and public authorities.
- If you are answering this consultation as a citizen, please click here to submit your contribution.
- If you are answering this consultation on behalf of an organisation, please click here to submit your contribution.
- If you are answering this consultation on behalf of a public authority, please click here to submit your contribution.
Received contributions will be published on the Internet. However, submissions that are clearly marked "confidential" will be treated as such and not published on the Internet. In that case please also provide a non-confidential version of your reply.
It is important to read the specific privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.
You do not have to reply to all questions. However, it is advisable to answer as many questions as possible to make your submission as meaningful as possible.
See also the Frequently Asked Questions 
Reference documents
See the Commission Regulation and guidelines on the assessment of technology transfer agreements.
Contact details
Responsible service: DG Competition, Unit A2 – Antitrust and Mergers Policy and Scrutiny
E-mail address for replies: comp-greffe-antitrust@ec.europa.eu
Ref.: HT. 2742 – stakeholder input
Postal address:
European Commission
Directorate-General for Competition
Antitrust Registry
1049 Bruxelles/Brussel
BELGIQUE/BELGIE
Fax: +32 2 295.01.28
If you have questions concerning the questionnaire or the procedure, please do not hesitate to contact us by email to comp-a2-mail@ec.europa.eu or by phone: +32 229 85258 or +32 229 64421.
Results of consultation and next steps
In light of the submissions and after further consultation, the Commission will consider modifying or replacing the current Regulation and Guidelines. A draft proposal might be published at a later stage.
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