Jurisdiction(s):
United Kingdom

EU competition law and intellectual property: Articles 101/102, technology transfer (TTBE), SEPs/FRAND, compulsory licensing, pay-for-delay, patent pools, litigation, settlements and copyright

Published by a LexisNexis Competition expert

Practice notes

STOP PRESS :

On 30 April 2026, the European Commission approved an updated Technology Transfer Block Exemption Regulation (TTBER) together with accompanying Guidelines, supplanting the 2014 framework. The updated TTBER took effect on 1 May 2026. This Practice Note cites the TTBER and the Guidelines and is in the process of being refreshed to mirror these amendments. Finding equilibrium between intellectual property rights (IP/IPRs) and competition law is a longstanding issue. At a glance, the objectives of IPRs and competition law can seem at odds. In broad terms, IPR owners are entitled to govern access to, and seek payment for, exploitation of their exclusive rights. By contrast, competition law pursues open markets and restrains the misuse of market power. The Commission has acknowledged that the interplay of IPRs and competition law can raise concerns and create apparent friction. It has equally recognised that they are ultimately complementary, each guiding the other, meaning a careful balance is needed when assessing whether the exercise of IPRs aligns with competition law. Despite this complementarity, applying competition law to commercial conduct involving IPRs can still provoke contentious questions, particularly where monopoly rights and market power intersect within open markets and the balancing exercise required...

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Suzanne Rab

Serle Court

Suzanne Rab is a barrister specialising in UK and EU competition law and regulation. She has over 15 years of experience advising businesses, regulators and competition authorities on EU, UK and international competition law across the range of competition law, merger control and regulatory matters. She has particular experience advising on transactions and commercial agreements and practices, including in proceedings before the UK competition and regulatory authorities and the European Commission. She has worked on some of the most high profile merger, market and cartel investigations in Europe and the UK. Suzanne has advised on major cartel investigations, appeals and follow-on actions, including advising on the European Commission’s investigation under Article 101 TFEU in relation to air freight and appeal to the General Court and in relation to antitrust investigations into cartel activity in marine hoses.Suzanne has particular experience advising on the...

Web page updated on 21/05/2026

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