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  The Commisison has formally rejected a complaint concerning the
  alleged incompatibility of a post-term use ban with the
  competition rules of the EEC Treaty. This ban was part of a know-
  how licence agreement between two companies which are both
  involved in the manufacture, sale and maintenance of heavy duty
  compressors. After the termination of the agreement the licensor
  claimed back its know-how, in exercise of its contractual rights.
  The Commission has made it clear that, as a rule, a post-term use
  ban is not restrictive of competition in the meaning of
  Article 85(1) of the Treaty, since otherwise any transfer of
  technology would necessarily be a permanent one, a condition
  under which few companies would be prepared to disseminate their
  In the case under consideration no particular reasons existed
  which could lead to a different evaluation: in particular, no
  grant-back of possible improvements by the licensee had been
  agreed by the parties. Likewise, the Commission has found that
  Article 86 is not applicable. The refusal of a licensor to agree
  to the continuing use by the former licensee of the technology
  after the termination of the agreement does normally not
  constitute an abuse under this article. This is in particular so
  where the refusal is based on a contractual provision not falling
  under Article 85(1) and where the former licensee claims the
  right to use the know-how to more or less the same extent as
  under the terminated agreement.

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