Abstract
Abstract The process of formulating block exemptions requires a translation of the balancing test in Article 85(3) into specific lists of acceptable and unacceptable clauses for particular categories of agreements. In principle, the Commission is supposed to build the block exemption on the basis of experience with those categories of agreement. In designing block exemptions, the Commission has had to strike a difficult balance between two different objectives: the need to create wide enough exemptions for legitimate exclusive technology transfers to receive the legal certainty of qualifying for block exemption, since this will encourage and facilitate investment in technology licensing, and the need not to create exemptions which are too wide that anticompetitive licensing agreements can slip through.
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