Originally published as Covington E-Alert on February 26, 2013

On  20  February  2013,  the  European  Commission  published  for  consultation  its  proposal  for revisions to the EU technology transfer competition regime.  The consultation period runs until 17 May 2013.  The new regime will be adopted before April 2014.  The EU’s approach to the application of competition law to technology transfer agreements is set out in two instruments, the technology transfer block exemption regulation (“TTBER”) and the accompanying guidelines (“Guidelines”).  The TTBER  exempts  certain  types  of  technology  agreements  between  entities,  while  the  Guidelines address both the application of the TTBER and the approach of EU competition law to tech transfer agreements that do not benefit from the TTBER’s “safe harbour”.

THE MAIN PROPOSED CHANGES TO THE TTBER
The Commission is proposing to make a number of changes to the TTBER. First, it proposes to revise the test that  determines whether certain provisions of tech transfer agreements, including those relating to the purchase of products by, and the licensing of trademarks to, the licensee, fall within the TTBER.

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Photo of Miranda Cole Miranda Cole

Miranda Cole is a partner based in the firm’s Brussels office.  She practices competition and communications law and policy, and has more than 15 years of experience in the field.  Ms. Cole’s competition law expertise encompasses merger control, actions under Articles 101 and…

Miranda Cole is a partner based in the firm’s Brussels office.  She practices competition and communications law and policy, and has more than 15 years of experience in the field.  Ms. Cole’s competition law expertise encompasses merger control, actions under Articles 101 and 102 TFEU, advisory work and actions before the European courts in Luxembourg.

She has particular expertise in advising companies active in the technology and communications sectors in complex and strategic regulatory and policy matters, with particular expertise regarding the impact of evolving regulatory frameworks on new technologies and services.  In the communications sector she has extensive experience advising in connection with all aspects of European and international regulation, policy and competition law, and counselling in connection with the impact of regulation on transactions.