Evaluating the TTBER - results & the way forward?
Date: |
16 January 2025
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Time: |
19:00 - 20:30 (CET)
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Speaker(s): |
Sophie Moonen
Head of the Antitrust Policy Unit
DG COMP
European Commission
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Panelists: |
Magdalena Popiołek, Cristina Vallejo Gil
Policy / Legal Officers
DG COMP
Marco Vischi, Paul Bridgeland
Policy / Legal Officers
DG COMP
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Location: |
In-person / by webinar
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CPD: |
Accredited for 1.5 hours CPD (UK SRA)
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Registration: |
Closes at 12PM (CET) on 16 January
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Shortly, DG COMP will launch a public consultation in
the next phase of its review of the Technology Transfer Block Exemption
Regulation (‘TTBER’) and accompanying Guidelines.
On 22 November, DG COMP published a report summarising the
results of its evaluation of the 2014 TTBER and Guidelines.
The TTBER provides a safe harbour for technology transfer
agreements that meet certain conditions, exempting them from the Article 101(1)
TFEU prohibition.
The Guidelines provide guidance on the interpretation of the
TTBER and the competition law assessment of technology transfer agreements that
fall outside the block exemption.
Stakeholders have generally confirmed the continued
relevance and effectiveness of the TTBER and Guidelines, while also raising the
following issues:
· The lack of guidance on the licensing of data; · Some technology implementers wish to
negotiate licences jointly, via licensing negotiation groups, but the current
rules offer no guidance for assessing these groups; · Some stakeholders consider that the conditions of the safe harbour for technology pools in the Guidelines do not address certain anti-competitive practices by rights holders; · The alignment of some provisions of the TTBER with the recently revised HBERs and VBER.
Participants in this Europe-wide 'Chatham House rule' in-person
/ webinar discussion (including Q&As) with Sophie Moonen, Christina
Vallejo Gil, Magdalena Popiołek, Marco Vischi and Paul
Bridgeland will gain from the earliest insights into the Commission’s
policy options for the revision of the TTBER by 2026.
List of participants (updated 23.12.24)
Report of the evaluation (SWD) (22.11.24)
DG COMP's TTBER review page
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