Technology Transfer and the New EU Competition Rules

Steven D. Anderman is Professor of Law at Essex University. His work as Expert on Competition Policy to the Economic and Social Committee of the EU since 1984 has included succeeding Patent and Know-how Block Exemption Regulations, including the current Technology Transfer Block Exemption Regulations, the Merger Control Regulation, and the Vertical, Horizontal and Modernisation Regulations. He has also taken part in various advisory groups preparing the UK Competition Act 1998, and made presentations to the Intellectual Property Advisory Committee of the UK Patent Office on issues of competition law and the exercise of IPRs and on IP research programmes. John Kallaugher is Partner in the Global Antitrust and Competition Practice at Latham and Watkins. He has a broad practice touching all areas of competition law. He has represented clients from many industrial sectors in competition cases before the Commission, national competition authorites, Community Courts, national courts and arbitral tribunals. He is also Visiting Professor at University College London, where he teaches comparative US, EC, antitrust and competition law.

INTRODUCTION ; 1. Introduction ; 2. The Development of the Regulatory Framework for IP Licensing in the EC ; THE NEW FRAMEWORK FOR ANALYSIS OF IP ISSUES ; 3. The 'Modernisation' of EU Competition Law Enforcement - the New Analytical Paradigm for Applying Article 81 Analytical Paradigm for Applying Article 81 ; 4. Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit ; 5. IP Licensing under the New Paradigm ; 6. Market Definition ; APPLYING THE METHODOLOGY TO AGREEMENTS UNDER THE NEW RULES ; 7. 'Vertical' Agreements for Technology Transfer between 'Non-competitors' ; 8. Licensing between Competitors ; 9. Cooperative Development and Exploitation of Technology - Standard Setting; Technology Pools; and Joint Research and Development ; 10. Technology Licensing and Article 82 ; APPENDICES ; A. The Main Features of the New Technology Transfer Regulation ; B. Technology Transfer Block Exemption Regulation ; C. Commission Notice Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (2004/C 101/02)