Final recommendation that the Secretary of State replace the Assimilated Technology Transfer Block Exemption
Source: gov.uk (2025-09-30)

The CMA has reviewed the Assimilated Technology Transfer Block Exemption (the Assimilated TTBER) to inform its recommendation to government on whether the Assimilated TTBER should be continued (with or without further amendments) or allowed to expire on 30 April 2026.

Admin timetable

CMA’s final recommendation to the Secretary of State

30 September 2025: The CMA has published its final recommendation that the Secretary of State replace the Assimilated TTBER (https://www.legislation.gov.uk/eur/2014/316) with a UK block exemption order, when it expires on 30 April 2026.
- Final recommendation to the Secretary of State (https://www.gov.uk/government/consultations/consultation-on-the-cmas-proposed-recommendation-on-the-assimilated-ttber) (30.9.25)
Consultation on proposed recommendation to the Secretary of State (closed 11 April 2025)

14 March 2025: The CMA is consulting on a proposed recommendation that the Secretary of State replace the Assimilated Technology Transfer Block Exemption Regulation (https://www.legislation.gov.uk/eur/2014/316) (Assimilated TTBER) with a UK block exemption order, when it expires on 30 April 2026.
- Consultation on the CMA’s Proposed Recommendation on the Assimilated TTBER (https://www.gov.uk/government/consultations/consultation-on-the-cmas-proposed-recommendation-on-the-assimilated-ttber) (14.3.25)
Call for inputs (closed 6 September 2024)

26 July 2024: The CMA welcomes views from stakeholders on considerations relating to the application of the Assimilated TTBER in the UK.
- Technology Transfer Block Exemption Regulation (https://www.gov.uk/government/consultations/technology-transfer-block-exemption-regulation) (14.3.25)
The information stakeholders provide in response to this call for inputs will help inform our draft recommendation to government, which will be subject to public consultation.

The responses to the present call for inputs may also be shared with the Department for Business and Trade in order to facilitate consideration of the CMA’s recommendation.

Context

The Competition Act 1998 (CA98) prohibits agreements between businesses that restrict competition in the UK (unless they meet the conditions for exemption in section 9(1) of the CA98 or are otherwise excluded). This is known as the Chapter I prohibition.

An agreement is exempt from the Chapter I prohibition if it creates sufficient efficiencies and benefits to outweigh any anti-competitive effects. Ordinarily, businesses must make their own assessment of whether an agreement which restricts competition can be justified based on its benefits.

In certain cases, it may be clear that all agreements in a particular category are likely to be exempt agreements. In these circumstances, a ‘block exemption’ may be made to automatically exempt agreements in that category provided that they satisfy the conditions set out in the block exemption. In this way, a ‘block exemption’ order provides legal certainty for businesses.

The Assimilated TTBER automatically exempts certain types of technology transfer agreements from the Chapter I prohibition insofar as those agreements meet certain conditions set out in the Assimilated TTBER. A ‘technology transfer agreement’ for these purposes is an agreement in which one party authorises another to use certain industrial property rights (such as patents, design rights, software copyrights and know-how) for the production of goods or services.

Background

Following the UK’s exit from the EU, the EU block exemption regulations that were in force under EU law at the end of the Transition Period on 31 December 2020 were retained in UK law and are known as assimilated block exemption regulations. An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in an assimilated block exemption regulation. For details on what the assimilated block exemptions cover, see Guidance on the functions of the CMA after the end of the Transition Period (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/940943/Guidance_Document_for_End_of_Transition_Period_--.pdf) (paragraphs 4.31 to 4.36). Under the Retained EU Law (Revocation and Reform) Act 2023, what was previously ‘retained EU law’ became ‘assimilated law’ at the end of 2023.

The Assimilated TTBER therefore forms part of UK competition law as an assimilated block exemption regulation, subject to certain amendments that were made as part of the EU withdrawal process.

In accordance with the CA98, the CMA has a role in advising the Secretary of State for Business and Trade (previously the Secretary of State for Business, Energy and Industrial Strategy) on the making of new block exemptions and varying or revoking assimilated block exemption regulations.

Your personal data

When handling personal data (like your contact details), we comply with data protection law, as set out in the UK General Data Protection Regulation and the Data Protection Act 2018 and other law designed to protect sensitive information.

For more information about the CMA’s statutory functions, how the CMA processes personal data and your rights relating to that personal data (including your right to complain), please visit the CMA’s Personal Information Charter. (https://www.gov.uk/government/organisations/competition-and-markets-authority/about/personal-information-charter)