Final Recommendation that the Secretary of State Replace the Assimilated Technology Transfer Block Exemption

Why It Matters

Replacing the assimilated TTBER with a UK‑crafted exemption will give businesses greater legal certainty and align competition policy with Britain’s post‑Brexit regulatory framework, affecting all technology‑transfer deals across the economy.

Key Takeaways

• CMA urges UK block exemption to replace Assimilated TTBER
• New order activates when current TTBER expires 30 April 2026
• Stakeholders may comment on draft guidance until 11 June 2026
• Block exemption offers certainty for patent, know‑how licences
• Shift underscores post‑Brexit move to domestic competition rules

Pulse Analysis

The Competition and Markets Authority’s final recommendation marks a pivotal step in reshaping the UK’s competition landscape for technology‑transfer agreements. Historically, the Assimilated Technology Transfer Block Exemption Regulation (TTBER) was a legacy of EU law retained after Brexit, automatically exempting certain licensing deals from the Chapter I prohibition of the Competition Act 1998. By proposing a home‑grown block exemption order, the CMA seeks to modernise the framework, ensuring that the criteria for exemption reflect current market realities and UK policy objectives.

For businesses, the transition promises clearer guidance and reduced regulatory risk. Technology‑transfer agreements—covering patents, designs, software copyrights and know‑how—are essential for innovation pipelines in sectors ranging from pharmaceuticals to clean‑energy. A UK‑specific block exemption will codify the conditions under which such agreements are deemed efficient, allowing firms to focus on commercial negotiations rather than bespoke legal assessments. The ongoing consultation, open until 11 June 2026, gives industry players a chance to shape the final guidance, influencing thresholds for market share, duration, and territorial limits.

Strategically, the move signals the UK’s broader ambition to assert regulatory independence post‑Brexit. By shedding the EU‑derived assimilated regime, the government can tailor competition rules to support domestic innovation while maintaining alignment with international best practices. Companies operating across borders should monitor the forthcoming order closely, as any divergence from EU standards could affect cross‑border licensing strategies and compliance obligations. Proactive engagement with the CMA’s consultation will help firms anticipate the new regime and adapt their technology‑transfer contracts accordingly.