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Competition Law as the Limit to Standard-Setting

By  |  January 19, 2015

Posted by Social Science Research Network

Competition Law as the Limit to Standard-Setting– Bjorn Lundqvist ( Copenhagen Business School)

Abstract: The aim of this paper is to provide an analysis of the application of EU competition law to standard-setting, by looking at case law under both Articles 101 and 102 TFEU. I will try to show that there is, and should be, a difference in competition law treatment of standards and standard-setting conduct depending on whether the market exposed to the standard is plagued with network effects or not. For markets with network effects, collaboration to create standards is benign, even pro-competitive, while access to such standards, if covered by intellectual property rights, may, in exceptional circumstances, be granted by the antitrust agencies.