On the Approval of the Regulation on Technology Transfer agreements

The Competition Commission by decision no. 489, dated 20.12.2017 approved the “Regulation on Technology Transfer Agreements” and repealed the Decision No. 176 dated 02.03.2011, of the Competition Commission on the approval of “Regulation on technology transfer agreements” after finding that:

1. This regulation safeguards effective competition and provides legal certainty for undertakings, by discerning the agreements on technology transfer that are exempted from prohibition, their assessment in the relevant market and the cases where the exemption from the prohibition does not apply. Technology transfer agreements between two undertakings that allow the production of contracted goods/services are exempt from the prohibition. When undertakings, parties to an agreement, are competing, the exception will apply when the combined market shares of the undertakings, does not surpass 20 percent of the affected relevant market. However, when undertakings, parties to an agreement, are not competing, the exemption will apply when the combined market share in the relevant market does not surpass 30 percent in the affected relevant market.

2. These agreements are important for the Albanian market as they enhance economic efficiency of the undertakings, by reducing the costs of research and development, provide initial incentive for research and development, and enhance competition in the affected relevant market.

3. This regulation is fully approximated to the European Union Regulation No. 316, dated 21.03.2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements Text with EEA relevance. (3201R0316) (OJ L 93, 28.03.2014, P.17-23)

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