ICC Document & publication

ICC’s comments on DG COMP’s Draft proposal for a revised block exemption for technology transfer agreements and for revised guidelines

ICC welcomes the Commission’s proposed clarification concerning the relationship between the draft Block Exemption and the R&D and specialization block exemptions.

This is the second submission prepared by the ICC Competition Commission on the Technology Transfer Block Exemption Regulations (TTBER) and the accompanying guidelines. The discussion paper focuses on which exemption is applicable under TTBER, the definition of “technology”, market shares, limits on ability to restrict passive sales, grant-back clauses, no-challenge provisions, pay-for-delay and settlement agreements, and patent pools.

ICC supports a competition policy that fosters innovation and robust intellectual property protection and appreciates the opportunity to respond to the Commission’s draft revised block exemption regulation on the application of Article 101 TFEU (Treaty on the Functioning of the European Union) to technology transfer agreements (the “draft Block Exemption”) and the Commission’s proposal for revised Guidelines (the “draft Guidelines”).

ICC replied to the Commission’s questionnaire on technology transfer agreements in February 2012 (the “February 2012 Comments”). These comments refer to ICC’s earlier comments in so far as relevant. ICC has a number of concerns and suggestions on the draft documents.