BRUSSELS, April 28, 2026 — The European Commission has adopted a revised block exemption regulation and updated guidelines governing technology transfer agreements, introducing new competition rules for technology licensing across the European Union.
The updated framework, including Commission Regulation (EU) 2026/877 and revised guidance on the application of Article 101 TFEU, will enter into force on 1 May 2026.
Exemption for certain licensing agreements
The regulation provides a block exemption from EU antitrust rules for certain technology transfer agreements between companies, provided they meet specific conditions designed to ensure they do not unduly restrict competition.
Technology transfer agreements typically involve the licensing of patents, software, know-how or other intellectual property, enabling companies to manufacture products or use particular technologies.
Under the regulation, qualifying agreements can benefit from an exemption from the prohibition on restrictive agreements contained in Article 101(1) TFEU, where they satisfy the conditions of Article 101(3).
Updated guidance
Alongside the regulation, the Commission published updated guidelines explaining how EU competition law applies to technology licensing arrangements.
The guidance clarifies how the block exemption should be interpreted and provides analytical tools for assessing technology transfer agreements that fall outside the scope of the exemption.
According to the Commission, the revised framework is intended to provide greater legal certainty for companies entering licensing arrangements while ensuring that such agreements do not harm competition or innovation in EU markets.
Ensuring innovation and competition
Technology transfer rules play an important role in balancing the protection of intellectual property with the preservation of competitive markets, particularly in industries where collaboration and licensing are central to innovation.
The Commission said the updated rules aim to ensure that licensing agreements facilitate the dissemination of technology while preventing anti-competitive restrictions between companies.
