Competition Restrictions on Technology Transfer Agreements in the Light of European Union Rules

Abstract

Technology transfer agreements are one of the essential tools in industrial, economic and technological development in different countries. These agreements provide access to advanced and innovative technologies and improve product quality, increase productivity and promote competition in markets. However, one of the main challenges in technology transfer agreements is competition restrictions, which can have negative effects on competition, innovation and access to technology in different markets. These restrictions, especially in agreements that include exclusive conditions and market sharing, can lead to reduced competition, increased prices and limited access to new technologies. This article examines the effects of competition restrictions in technology transfer agreements and their consequences on competition in different markets. Competitive restrictions can include price fixing, market sharing, and entry barriers for competitors, all of which reduce competition and raise prices for consumers. This is not only detrimental to consumers, but can also reduce innovation and distort competition in domestic and global markets. This article also examines some of the exceptions and exemptions that can be considered for technology transfer agreements under certain circumstances. Finally, this study emphasizes the importance of observing competition requirements in technology transfer agreements. Close and effective monitoring of these agreements and the use of block exemption provisions can prevent unnecessary barriers to competition while protecting the interests of the parties to the agreement. Overall, this article emphasizes the need to strike a balance between the commercial interests of the parties and maintaining competition in the market so that technology transfer becomes a tool for promoting innovation, reducing costs, and increasing competition in global markets.