{
  "url": "https://openlegislation.uk/competition-act-1998-technology-transfer-agreements-block-exemption-order-2026/article-6",
  "json_url": "https://openlegislation.uk/competition-act-1998-technology-transfer-agreements-block-exemption-order-2026/article-6.json",
  "legislation": "uksi/2026/369",
  "legislation_title": "The Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026",
  "legislation_url": "https://openlegislation.uk/competition-act-1998-technology-transfer-agreements-block-exemption-order-2026",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Rules for applying thresholds",
  "text": "(1) For the purposes of applying the market share thresholds provided for in article 5 in relation to a technology transfer agreement, the following rules apply—\n(a) the market share of a party is to be calculated on the basis of market sales value data, or, where market sales value data are not available, estimates based on other reliable market information, such as market sales volumes;\n(b) the market share of a party is to be calculated on the basis of data or information relating to the calendar year preceding that in which the calculation is being made, or, where that calendar year is not representative of the party’s position in the relevant market, calculated as an average of the party’s market shares for the three calendar years preceding that in which the calculation is being made;\n(c) the market share held by the undertakings referred to in paragraph (e) of the definition of “connected undertakings” in article 2(1) is to be apportioned equally to each undertaking having the rights or the powers listed in paragraph (a) of that definition;\n(d) the market share of a party on any relevant market for the licensed technology rights is to be calculated on the basis of the presence of technology rights licensed by that party on the relevant market for the contract products, that is to say, on the basis of market data or information relating to the combined sales by that party and its licensees on the relevant market for the contract products of products incorporating or produced using technology rights licensed by that party.\n(2) For the purposes of applying the threshold provided for in article 5(2)(b)(ii) and (4)(b)(ii), the commercial strength of technology rights other than the licensed technology rights is to be assessed taking into account factors such as—\n(a) the commercial viability of the other technology rights,\n(b) the extent to which they constitute or would be likely to constitute a realistic alternative to the licensed technology rights, and\n(c) their ability to impose competitive pressure in relation to the licensed technology rights on the relevant market for the licensed technology.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/369/article/6",
    "retrieved_at": "2026-10-28T21:03:14.835443+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}