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The European Commission has revised its competition rules governing technology licensing agreements, updating a framework that has been in place since 2014. The new rules aim to reflect changes in the digital economy, particularly the growing role of data and the use of standard-essential technologies.

The updated Technology Transfer Block Exemption Regulation (TTBER) and accompanying Guidelines clarify how companies can structure licensing deals without breaching EU antitrust rules.

For readers of eeNews Europe, the new framework matters because technology licensing underpins many partnerships across the electronics sector — from chip IP and software platforms to telecommunications standards. Clearer rules could help companies negotiate licenses while avoiding competition risks.

Updated rules for the digital economy

Technology transfer agreements allow a company that owns technology rights — such as patents, design rights or software copyright — to license those rights to another firm for producing goods or services. While such agreements typically promote innovation and technology diffusion, certain restrictions may still raise competition concerns.

The revised TTBER exempts qualifying agreements from the EU’s ban on anti-competitive arrangements under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), provided specific conditions are met. The Guidelines offer additional clarification for agreements that fall outside the exemption.

A major update addresses the growing importance of data. The revised Guidelines introduce a new section covering data licensing for production purposes, noting that licensing copyrighted databases or those protected under EU database rights is generally pro-competitive and will be assessed using similar principles as technology transfer agreements.

Licensing groups and technology pools

Another new area covers licensing negotiation groups (LNGs), where technology implementers jointly negotiate licensing terms with patent holders — common in standards-based industries such as telecommunications.

The Commission’s guidance explains how to distinguish legitimate LNG cooperation from buyer cartels and outlines factors authorities will consider when assessing competition risks. It also describes measures that such groups can take to avoid infringing EU competition law.

Additional clarifications simplify how market share thresholds apply when licensing takes place before a technology has been commercialised. The Commission also tightened conditions for the “safe harbour” covering technology pools — arrangements where multiple patent holders bundle technologies and license them together, often supporting standards.

The updated rules will enter into force on 1 May 2026.

“Clear and predictable rules are essential for innovation to thrive. With these updated technology transfer rules, we provide businesses with practical guidance for licensing in a fast-moving digital economy. By supporting pro-competitive licensing, we help ensure that technology, including data, can circulate more widely, encourage investment in research and innovation, and reinforce Europe’s competitiveness on a fair and open basis,” said Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition.

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