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4 - The EU Regulatory Framework

from Part II - The Law of ICT Standardization

Published online by Cambridge University Press:  09 February 2023

Olia Kanevskaia
Affiliation:
Universiteit Utrecht, The Netherlands
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Summary

This chapter provides an overview of the EU regulatory framework applicable to standardization. In particular, it covers the relationship between international, European, and national standardization bodies and the standards they produce. On the general level, it explains the EU’s New Approach policy for technical standardization, discusses the legal value of the European harmonized standards, and reviews the most recent case law of the European Court of Justice on standards’ role and value in the EU legal order. It also examines whether and when standards development organizations (SDOs) can breach EU competition law, namely, Articles 101 and 102 TFEU, by reviewing the relevant case law of the European Court of Justice and the Decisions of the European Commission. In particular, this chapter offers an in-depth analysis of the EU Regulation 1025/2010 and the Commissions’ Horizontal Guidelines, especially with regard to their applicability to ICT standards and ICT SDOs, focusing on the procedural requirements for these institutions to legitimize their standards and to limit or escape possible antitrust liability.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • The EU Regulatory Framework
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book: The Law and Practice of Global ICT Standardization
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009300551.008
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  • The EU Regulatory Framework
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book: The Law and Practice of Global ICT Standardization
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009300551.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The EU Regulatory Framework
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book: The Law and Practice of Global ICT Standardization
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009300551.008
Available formats
×