Competition, IP rights and Technology Transfer Block Exemption

STOP PRESS: On 30 April 2026, the European Commission adopted a revised Technology Transfer Block Exemption Regulation (TTBER) and accompanying Guidelines on the application of Article 101 TFEU to technology transfer agreements, replacing the 2014 regime. The revised TTBER entered into force on 1 May 2026. This Overview is currently being updated and will be revised to reflect these changes.

In order to reward and encourage investment and innovation, intellectual property law grants owners of intangible property exclusive exploitation rights. Intellectual property right (IPR) holders therefore have, in principle, the right to control access to (and charge others for use of) their IPRs, as well as pursue enforcement of these rights through the courts where otherwise unauthorised use has occurred.

At the same time, exercising such rights may run up against competition law requirements which, broadly speaking, aim to promote open markets and curtail abuse of market power—and, in the EU context, ensure the integration and integrity of the Single Market by removing impediments to cross border trade.

This sub-topic addresses the interface between IPRs and EU competition law and highlights