Will competition law solve the vendor lock-in problem in the B2B software sector? Cover Image

Czy prawo konkurencji rozwiąże problem vendor lock-in w sektorze oprogramowania B2B?
Will competition law solve the vendor lock-in problem in the B2B software sector?

Author(s): Piotr Semeniuk
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: competition law; vendor lock-in; software; B2B; software agreements

Summary/Abstract: Competition law is increasingly being used (so far, mainly in the US) in order to prevent the vendor lock-in problem in the B2B software sector. International academia also calls for increased activities of competition authorities in addressing vendor lock-in problems. Some business practices and contractual clauses applied by vendors in their Polish IT contracts could also be classified as an anticompetitive practice (e.g. exclusivities, tying, bundling, loyalty rebates, refusals to grant a license or to grant access to information on interoperability). Competition law in the world of IT contracts can supply buyers or competitors with arguments to challenge some of the vendors’ business practices or contractual clauses.

  • Issue Year: 7/2018
  • Issue No: 8
  • Page Range: 50-62
  • Page Count: 13
  • Language: Polish