In Re (#09 September 2011)

Competition Issues of Technology Transfer

Alexey V. Pustovit

Commercialization of technologies sometimes calls for their transfer to third parties. Technology transfer agreements may limit use of a technology by imposing territorial or other restrictions, such as the transferee’s obligation to maintain certain production volumes or stick to determined price corridors. Under the On Protection of Economic Competition Act of Ukraine (the Competition Act) such restrictive provisions may qualify as anticompetitive concerted practices, i.e. resulting in restriction or elimination of competition in a particular market…

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