EU competition law and IP agreements: practical guide to Technology Transfer, R&D and Vertical Block Exemptions, hardcore/excluded restrictions, market-share thresholds and risk assessment under Article 101 TFEU
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Practice notes
Intellectual property (IP) agreements
IP arrangements—such as technology licensing or collaborating on the creation of new technologies—can restrict competition. Yet their pro‑competitive advantages are acknowledged through block exemptions that offer a ‘safe harbour’ from Article 101, TFEU. Where a deal sits squarely within a relevant block exemption, only a brief review of Article 101, TFEU concerns is typically required. In practice, though, multiple block exemptions may seem to apply, and confirming that an agreement truly benefits from a safe harbour can be challenging—so a more pragmatic assessment of everyday commercial deals is often warranted. Most block exemptions share a common framework, and understanding this helps with application of the rules.
- Recitals: set out the overarching aim and rationale of the instrument.
- Definitions: clarify key terms that shape how the exemption should operate.
- Scope of the ‘safe harbour’: identifies the categories of agreements covered and the types of undertakings involved.
From a practical standpoint, it is wise to scrutinise the recitals and the definitions closely, as they can be decisive in determining the correct way to apply the block exemption...
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Web page updated on 21/05/2026
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