Compatibility of Standardization Agreements with EU Competition Law: Legal Insights
Compatibility of Standardization Agreements with EU Competition Law: Legal Insights

Summary/Abstract: Standardization involves imposing a particular standard or norm on goods or services, playing a crucial role in the modern economy across various sectors. It is closely linked to essential public goods and offers multiple benefits, including fostering innovation, enhancing product quality, increasing safety, ensuring interoperability, and reducing transaction costs.However, despite these positive effects, the coordination established between undertakings through standardization can sometimes negatively impact competition in the relevant market. Participants may exploit standardization agreements to restrict competition, drive out competitors, create entry barriers, or reduce market access for other undertakings. As a result, such agreements can sometimes breach competition law requirements. This paper aims to explore these potential conflicts and propose solutions to mitigate the risks, relying on the latest jurisprudence of the European Court of Justice (ECJ) and the evolving practice of the European Commission.

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