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Intellectual Property - EU Competition Laws

EU Competition Laws

Post Brexit, EU competition law still applies to the UK. It covers an agreement or concerted practice between two or more businesses which has the object or effect of preventing, restricting or distorting competition and which affects trade between member states.

Prohibited agreements include those which fix prices or trading conditions; limit production, markets, technical development or investment; divide up markets; impose discriminatory terms; or create tie-ins.

Certain common agreements are covered by block exemptions - namely patent and know-how licences, research and development agreements, franchising agreements, exclusive distribution agreements and exclusive purchase and supply agreements. If the agreement contains only restrictions which are permitted by the relevant block exemption, and you otherwise fall within the block exemption, no further action is necessary. 

This is a complex area upon which expert advice is necessary.

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