The assessment of whether a licence agreement restricts competition must be made in the real context in which competition would take place without the agreement with its alleged restrictions (11). This assessment must take into account the likely impact of the agreement on technological competition (d.m i.e. competition between undertakings using competing technologies) and on internal technological competition (d.m. competition between undertakings using the same technology) (12). Article 101(1) prohibits restrictions on competition between technologies and on intra-technological competition. It is therefore necessary to examine the extent to which the agreement is likely to affect or affect those two aspects of competition on the market. Notwithstanding the fact that the block exemption applies only as long as the technological rights are valid and in force, the parties may generally agree to extend the royalty obligations beyond the period of validity of the intellectual property rights granted, without infringing Article 101(1) of the Treaty. Upon expiry of these rights, third parties may lawfully exploit the technology in question and compete with the parties. As a general rule, such effective and potential competition will be sufficient to ensure that the obligation in question does not have significant anti-competitive effects. Icc supports a competition policy that fosters innovation and robust intellectual property protection and welcomes the opportunity to respond to the Commission`s revised draft block exemption regulation on the application of Article 101 of the Treaty on the Functioning of the European Union to technology transfer agreements (the `draft block exemption`) and the Commission`s proposal for revised guidelines (the „Draft Guidelines“). In.
These guidelines set out the principles for the evaluation of technology transfer agreements in accordance with Article 101 of the Treaty on the Functioning of the European Union (1) (`Article 101`). Technology transfer agreements shall concern the granting of a technology right licence where the licensor authorises the licensee to benefit from the technological rights granted for the production of goods or services within the meaning of Point (c) of Article 1(1) of Commission Regulation (EU) No 316/2014 of 21 March 2014 on the application of Article 101, paragraph 3 of the Treaty on the Functioning of the European Union to groups of technology transfer agreements (`TTM` – GMOs) (2). Agreements establishing technology pools and setting the conditions for their operation are not covered by the block exemption, regardless of the number of parties, as the pool creation agreement does not allow a given licensee to produce contract products (see section 3.2.4). These agreements are dealt with only by these directives. Pooling agreements raise a number of specific issues regarding the choice of technologies contained and the operation of the pool, which are not the result of other types of licenses. . . .