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The obscurity with standard settings

Bergkvist, Adrian LU (2012) JURM02 20121
Department of Law
Abstract
This thesis takes its inspiration from two statements of objections given by the Commission of the European Union and compares it with the equivalent legal development in the US. The objections hint to the EU judiciary’s stance towards standard setting organizations and conduct exclusive to standard setting processes. Focus will be given to the development on EU competition law under article 102 TFEU and similarities and differences to Section 2 of the Sherman act will be discussed. The thesis’ aim is to highlight three specific behaviors that have both been acquitted and convicted by the US courts and then deduce potential outcomes under EU law. The paper analyzes potential outcomes from a legal point of view and will also take into... (More)
This thesis takes its inspiration from two statements of objections given by the Commission of the European Union and compares it with the equivalent legal development in the US. The objections hint to the EU judiciary’s stance towards standard setting organizations and conduct exclusive to standard setting processes. Focus will be given to the development on EU competition law under article 102 TFEU and similarities and differences to Section 2 of the Sherman act will be discussed. The thesis’ aim is to highlight three specific behaviors that have both been acquitted and convicted by the US courts and then deduce potential outcomes under EU law. The paper analyzes potential outcomes from a legal point of view and will also take into consideration relevant economic aspects and theories.
The thesis depicts the differences between the two legislations and concludes that the EU approach both could mirror the US approach and be of opposite conclusion. It is also concluded how the specific conduct relates to established legal rules in the EU and potential possibilities to apply them. This is pitted against the possibilities for the specific conduct to avoid scrutiny under article 102 TFEU and brings to light consequences of such an approach.
Finally the thesis ends with a discussion on how strong protection EU competition law provides compared to US antitrust law and presents an explanation to why EU law is more suited to address behavior inherent in standard setting organizations. (Less)
Please use this url to cite or link to this publication:
author
Bergkvist, Adrian LU
supervisor
organization
course
JURM02 20121
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Competition law, Standard Settings, Comparative law
language
English
id
2796908
date added to LUP
2012-10-15 13:32:58
date last changed
2012-10-15 13:32:58
@misc{2796908,
  abstract     = {This thesis takes its inspiration from two statements of objections given by the Commission of the European Union and compares it with the equivalent legal development in the US. The objections hint to the EU judiciary’s stance towards standard setting organizations and conduct exclusive to standard setting processes. Focus will be given to the development on EU competition law under article 102 TFEU and similarities and differences to Section 2 of the Sherman act will be discussed. The thesis’ aim is to highlight three specific behaviors that have both been acquitted and convicted by the US courts and then deduce potential outcomes under EU law. The paper analyzes potential outcomes from a legal point of view and will also take into consideration relevant economic aspects and theories.
The thesis depicts the differences between the two legislations and concludes that the EU approach both could mirror the US approach and be of opposite conclusion. It is also concluded how the specific conduct relates to established legal rules in the EU and potential possibilities to apply them. This is pitted against the possibilities for the specific conduct to avoid scrutiny under article 102 TFEU and brings to light consequences of such an approach.
Finally the thesis ends with a discussion on how strong protection EU competition law provides compared to US antitrust law and presents an explanation to why EU law is more suited to address behavior inherent in standard setting organizations.},
  author       = {Bergkvist, Adrian},
  keyword      = {Competition law,Standard Settings,Comparative law},
  language     = {eng},
  note         = {Student Paper},
  title        = {The obscurity with standard settings},
  year         = {2012},
}