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

Highlights

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.