Vertical agreements: IP and competition law checklist for licensing, restrictions, ownership, enforcement and risk allocation (including vertical and technology transfer block exemptions)

Published by a LexisNexis IP expert

Checklists

This Checklist

This Checklist examines the intellectual property elements of vertical agreements and outlines the principal competition law issues. It addresses:

the parties and configuration of vertical arrangements
identification of the IP
licence scope
limits on use of the IP
IP ownership
third-party IP
protection of the licensor’s IP
warranties and indemnities

On 10 May 2022, the European Commission adopted the EU Vertical Restraints Block Exemption, Regulation (EU) 2022/720 (EU VBER), along with the Vertical Guidelines. The EU VBER came into force on 1 June 2022 and will expire on 31 May 2034. See Practice Note: The Vertical Block Exemption Regulation 2022/720.

On 9 May 2022, the UK government laid before Parliament the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO), SI 2022/516. The UK VABEO replaced the UK Retained VBER on 1 June 2022 and will expire on 1 June 2028. See Practice Note: The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022.

This Checklist reflects the requirements of the EU VBER and the UK VABEO. For more information, see Practice Note: Applying block exemptions to IP agreements...

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Denis Waelbroeck

Ashurst

Professor Denis Waelbroeck is a partner in the Ashurst EMEA Antitrust, Regulation and Foreign Investment practice. He has specialised in competition, state aid, trade and regulatory law and EU law generally. He has handled a great number of procedures for a wide range of corporate and institutional clients, and has vast litigation experience both before the EU Courts as well as before national courts of several European Member States or before arbitrations courts. Denis has represented major corporates in a great number of high level cases in competition law matters. He also represented numerous states, as well as beneficiaries and complainants before the European Commission and European Court of Justice in State aid matters. He is and has been for several decades a professor of Competition Law at the College of Europe in Bruges and of Competition Law at the Free University Brussels (ULB). He has also...

Javier Torrecilla

Ashurst

Javier is a counsel in Ashurst's Antitrust, Regulation and Foreign Investment team in Spain. Prior to joining Ashurst, he worked in the Competition and EU Law department of Cuatrecasas Gonçalves Pereira in their Brussels office.Javier specialises on advising companies in all types of Spanish and EU competition law matters, including advice on merger control, antitrust issues (defending clients in investigations by national and European authorities in relation to cartels and abuse of dominance), State aid issues and litigation. He has experience in a wide range of sectors, including pharmaceuticals, chemicals, food, automotive, media, telecommunications and energy. He has particular expertise in merger control.Javier's clients include international investment funds and their portfolio companies, as well as companies in the service, industry and financial sectors. He regularly assists corporate colleagues with competition law issues arising from cross-border transactions. He has also advised clients in...

Guillaume Vatin

Ashurst

Guillaume Vatin is a senior associate in the Competition and EU law department in Paris. Prior to joining Ashurst, he was an associate at Bredin Prat. He specialises in all areas of French and EU competition law. He has extensive experience in merger control (French, European and multijurisdictional filings) and advises companies in antitrust investigations before the European Commission and the French Competition Authority.Guillaume is a graduate of the École normale supérieure Paris-Saclay, the London School of Economics and Political Science and holds a Master 2 in European business law from the Panthéon-Assas University (Paris II)....

Fiona Garside

Ashurst

Fiona Garside is a Senior Expertise Lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team. She has advised on a wide range of EU and UK competition law matters, including cartel investigations, merger control, market reviews/investigations and competition law compliance, with particular experience in financial services. ...

Web page updated on 20/05/2026

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