Tomáš Michlík DiS.

TM-System - Tomáš Michlík DiS.

Standardisation Agreement Competition Law

Whether a standardisation agreement allows the parties to eliminate competition depends on the different sources of competition in the market, the extent of the competitive pressure they impose on the parties and the impact of the agreement on that competitive pressure. While market shares are relevant for this analysis, the extent of the remaining actual sources of competition cannot be assessed solely on the basis of market share, except where a standard becomes a de facto industry standard (131). In the latter case, competition may occur by circumventing competition if actual access to the standard is spoiled by third parties. The standard concepts used by a majority of the industry could create a de facto industry standard and thus raise the same concerns. However, if the standard or standard conditions only apply to a limited part of the product or service, it is unlikely that the competition will be down.

Rubrika: Nezařazené