Relaxing whilst doing Competition Law is not an Oxymoron

Archive for November 11th, 2010

The Least Well Kept Draft Competition Text

with 3 comments


Lucky me, I have seen the latest version of the mammoth draft horizontal guidelines currently circulating within the Commission.

The text comprises:

  • 95 pages(!)
  • Loads of examples
  • Some wording on standardization agreements. The draft also dedicates two §§ to the methods for assessing whether IPR fees are FRAND or not (they refer in particular to the ex ante v. ex post comparison method)
  • A full section on information exchange agreements, with an appreciable reference (in a footnote) to Airtours and Impala

Looks promising. My only concern is elsewhere. Environmental agreements are no longer discussed in a stand-alone section, but are now part of the section on standardization agreements. With the increased influence of green propaganda ideas, I am surprised that Brussels officials did not actually decide to give more exposure to environmental agreements.

Written by Nicolas Petit

11 November 2010 at 6:40 pm