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Comments to the Commission’s Draft Horizontal Guidelines”Standardization

BY | September 15, 2010

Anne Layne-Farrar, Jorge Padilla, Sep 15, 2010 This brief paper sets out our comments on Section 7 of the Draft Guidelines on the applicability of Article 101 of the TFEU…

Anne Layne-Farrar, Jorge Padilla, Sep 15, 2010

This brief paper sets out our comments on Section 7 of the Draft Guidelines on the applicability of Article 101 of the TFEU to horizontal co-operation agreements (“Draft Guidelines”) and, in particular, on the criteria for assessment of standardization agreements.

We have three main comments:

  • First, technology owners participating in a standard-setting process compete to have their technologies selected into the standard. A standardiza
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