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UK and EU competition highlights: CMA proposes UK TTBEO; Constellation/ABVR Phase 2; CMA–JFTC co‑operation; Commission vaccines dawn raids; General Court dismisses Laudamotion complaint

Published on: 02 October 2025

Published by a LexisNexis Competition expert
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In this issue:

  • UK antitrust
  • UK mergers
  • UK competition policy
  • EU antitrust
  • LexTalk®Competition: a Lexis®Nexis community
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UK antitrust

CMA advises replacing assimilated EU TTBER with a new UK TTBEO

The CMA has set out its recommendation to the Secretary of State to supersede the assimilated EU Technology Transfer Block Exemption Regulation (Regulation 316/2014) (TTBER), which is due to expire on 30 April 2026.

Background

The CMA proposes substituting the TTBER with a UK Technology Transfer Block Exemption Order (TTBEO) lasting 12 years. The TTBEO would cover the same categories of technology transfer agreements as the TTBER, albeit with some adjustments.

Proposed changes

  • exclude utility models from the scope of ‘technology rights’
  • include ‘copyright in a database’ and ‘database rights’ within ‘technology rights’ and ‘intellectual property rights’
  • permit market share assessment to use a three-year average where single-year data is not representative
  • empower the CMA to remove the benefit of the exemption

Market share test

During consultation, the CMA suggested replacing the TTBER’s market share thresholds with a condition that there are three independently controlled substitutable technologies...

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