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The new EC Block Exemption on Technology Transfer Agreements : A new safe harbour from art. 81 (1) EC: The background, market share caps and banned hardcore restraints
In line with the new rules on modernisation of the EC competition rules issued by the Commission in Regulation 1/2003, the new block exemption on technology transfer (TTBE), Regulation 772/2004, was adopted in April 2004. In this paper, the background and scope of the new Regulation is discussed. Further, two main features of the new TTBE, namely the new market share caps and the list of severely anti-competitive banned clauses, are closely examined.