Law (2008:586) The Anti-Competitive Nature Of Block Exemption Of Technology Transfer Agreements

Original Language Title: Lag (2008:586) om gruppundantag för konkurrensbegränsande avtal om tekniköverföring

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:586

section 1 of this Act apply to technology transfer agreements.



The provision in Chapter 1. section 6 of the Competition Act (2008:579) shall also

apply to agreements under this Act.



Act shall not apply to the licensing agreement covered by the Act

(2008:582) on block exemptions for anti-competitive

specialisation agreements or the law (2008:583) if the block exemption

for anti-competitive agreements on research and

development. Law (2014:935).



section 2 Under the conditions laid down in paragraph 3 of the terms of such

technology transfer agreements containing

restrictions of competition falling within the scope of Chapter 2. 1 §

Competition Act (2008:579) derogation from the prohibition provided for in the same

section against such agreements. Exception applies, however, only for

such categories of agreements that fulfil the conditions for

exceptions in Chapter 2. section 2 of the competition act.



Of Chapter 2. paragraph 3 of the Competition Act, it follows that the FCA can

decide that an individual agreement, which as a result of a

block exemption under this Act is exempt from the prohibition referred to in

Chapter 2. paragraph 1 of the same law, should not be covered by the exemption if

the agreement has effects which are incompatible with Chapter 2. section 2 of the

the competition act. Law (2014:935).



section 3 of the terms of the agreements apply the provisions of

Commission Regulation (EU) No 316/2014 by March 21, 2014

on the application of article 101(3) of the Treaty on European

Union to categories of agreements on

technology transfer in the same way, with the exception of

articles 2(1), 6, 7 and 9 to 11. Furthermore, references to

the exemption provided for in article 2 shall refer to paragraph 2 in conjunction with

Article 1, first and second subparagraphs. Law (2014:935).



Transitional provisions



2014:935



1. This law shall enter into force on August 1, 2014.



2. Older regulations apply to the end of June 2015 for

agreements which were in force on 1 January 2014. Older regulations

does not apply to agreements which at the date of entry into force satisfies the

the conditions for block exemption under the new regulations.