POJEDINAČNO IZUZEĆE UGOVORA O TRANSFERU TEHNOLOGIJE OD KARTELNE ZABRANE U PRAVU KONKURENCIJE EVROPSKE UNIJE

Abstract

The question of individual exemption of technology transfer agreements is propounded in two main cases. The first is when market shares of contractual parties exceed prescribed thresholds for block exemption. The second is when technology transfer agreement involves more than two parties. In these cases the technology transfer agreement can not be exempted on the basis of block exemption rules, but it does not automatically mean that such agreement is prohibited and void. If such technology transfer agreement does not restrain competition or does but general conditions for exemption of restrictive agreements are fulfilled it is considered valid and enforceable.