Recently, the European Commission formally adopted the revised Technology Transfer Block Exemption Regulation (TTBER) and the accompanying Technology Transfer Guidelines, responding to evolving practices in the technology licensing market and strengthening legal certainty. The new rules will enter into force on 1 May 2026.
This revision introduces key changes to market share calculation, data licensing, technology pools, licensing negotiation groups, and related provisions.
Market Share Thresholds
To resolve practical difficulties in calculating market shares in technology markets, the revised Regulation clarifies that technologies that have not yet generated sales of contract products are assigned a zero market share. It also extends the exemption from 2 to 3 years where parties exceed the relevant market share thresholds during the agreement term, accommodating fluctuations linked to the launch of new technologies.
Data Licensing
To address the growing prevalence of data licensing not covered by the previous rules, the Guidelines add a new section on data licensing. They clarified that TTBER applies to data licensing where the licensed data qualifies as one of the existing technology rights defined in the TTBER. Databases protected by copyright or the database sui generis right is assessed under the principles applicable to technology transfer. All other data licensing is subject to a case-by-case assessment. Information exchanges in the context of database licensing generally do not constitute restrictions of competition by object. Data sharing mandated under the Data Act is normally compatible with the rules.
Technology Pools
The Guidelines require technology pools to effectively disclose to potential licensees the individual rights included in the pool and the methodology for assessing their essentiality. The revised Guidelines prohibit double dipping, preventing licensees from paying multiple times for the same technology right.
Licensing Negotiation Groups (LNGs)
The Guidelines introduce, for the first time, a new section on LNGs. They set out the possible pro- and anti-competitive effects of LNGs and provide an assessment framework centred on market power. Given the novelty of this model, the Guidelines do not include a safe harbour for LNGs. Instead, they set out concrete measures to help businesses reduce the risk of infringing competition law.
Other Changes
The TTBER adds definitions of “active sales”, “passive sales” and “potential competitors”.
The Guidelines update the sections on the distinction between competitors and non-competitors and on settlement agreements to reflect developments in case law and enforcement practice. They also add additional examples of circumstances that may merit the withdrawal of the benefit of the block exemption, improving the clarity of the rules.
This revision aligns closely with the evolution of the digital economy. Businesses concerned are advised to conduct a compliance review promptly against the new TTBER and Guidelines.
Source：
https://ec.europa.eu/commission/presscorner/detail/en/ip_26_809
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