Title: Navigating the Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026: A Call for Feedback on Legal Drafting

In the realm of competition law and intelligent contractual design, the precise drafting of regulatory instruments can determine the effectiveness and enforceability of important exemptions. The Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026 represents a significant development for parties engaging in technology transfer arrangements, and it invites careful scrutiny from legal practitioners, industry stakeholders, and policy commentators alike.

This technical consultation seeks feedback on the drafting quality and interpretative clarity of the Order, with a view to ensuring that the text aligns with its policy objectives while being accessible to those who rely on it in day-to-day commercial decision-making. In particular, contributors are invited to comment on:

– The scope of application: Whether the Order correctly identifies the types of technology transfer agreements that should benefit from a Block Exemption, and whether any categories are inadvertently omitted or overbroad.
– The definitions used: Clarity and consistency of key terms such as “technology transfer,” “exclusivity,” “field of use,” and “licence back.” Feedback on potential ambiguities that may lead to misinterpretation or inconsistent enforcement would be welcome.
– The behavioural rules: How the exemptions interact with restraints commonly found in technology transfer agreements, including non-compete provisions, territorial restrictions, and pricing arrangements. Stakeholders may propose refinements to ensure proportionality and to avoid undermining innovation incentives.
– The thresholds and evidentiary standards: Whether the chosen parameters for exemption (such as market share limits or qualitative criteria) are appropriate, and whether the Order provides sufficient guidance for compliance and enforcement.
– Compliance mechanisms: Practical considerations for businesses, including notification requirements, record-keeping, and the role of undertakings in lieu of penalties. Suggestions for improving accessibility without compromising regulatory objectives would be valuable.
– Interaction with other legal regimes: How the Order sits within the broader framework of the Competition Act, sectoral regulations, and international trade considerations. Proposals for harmonisation or clarifications to reduce confusion should be considered.
– Drafting clarity and consistency: Suggestions to improve sentence structure, definitions, cross-references, and the overall readability of the text to aid advisers, corporate counsel, and in-house teams.

The aim is to produce a well-calibrated instrument that forecasts interpretive consistency, supports compliance for businesses of varying sizes, and honours the policy intentions behind the exemption. For those preparing feedback, practical input grounded in concrete drafting changes is particularly valuable. Examples might include suggested rewordings to remove ambiguity, proposed alternative definitions that better capture the intended scope, or clarifications to ensure that common contractual clauses do not inadvertently fall outside the exemption.

Stakeholders are encouraged to submit commentary that is constructive, precise, and evidence-based. While this consultation focuses on the drafting quality and legal mechanics of the Order, submissions that reflect real-world experiences—such as typical technology transfer licensing models, collaboration structures, and enforcement considerations—will help align statutory text with regulatory practice.

In summarising responses, consultees may wish to highlight:
– Areas of the draft that align well with policy goals, coupled with suggested enhancements.
– Provisions that risk overreach or ambiguity, accompanied by suggested refinements.
– Practical compliance implications for businesses of different sizes and in various sectors.
– Any drafting errors, inconsistencies, or cross-references that require correction.

Ultimately, the goal is to refine the Order into a robust, intelligible, and enforceable framework that fosters clear commercial arrangements around technology transfer while safeguarding competitive markets. Feedback received during this consultation will inform subsequent revisions and the finalisation of the text, aligning regulatory objectives with real-world application.

If you are preparing a submission, please include:
– Your organisation or affiliation (where applicable) and contact details.
– A concise overview of the proposed drafting changes, accompanied by recommended wording.
– Any evidence or analysis supporting your recommendations, including potential practical impacts.

This is an opportunity to shape a pivotal element of the Competition Act’s technology transfer landscape. Thoughtful, well-argued input can contribute to a more predictable, balanced, and innovation-friendly legal regime.

March 26, 2026 at 02:00PM
拟议技术转让协议集体豁免令
https://www.gov.uk/government/consultations/draft-technology-transfer-agreements-block-exemption-order
本次技术咨询就1998年《竞争法》（技术转让协议集体豁免）令2026的法律起草征求意见。

阅读更多中文内容： 就科技转让协议豁免令草案的法律起草征求意见要点