The Rise and Limits of Self-Regulation
- New Horizons in Competition Law and Economics series
Chapter 8: Conclusion
We need to develop 'antitrust rules and doctrines for the New Economy'. However, proposing regulations or guidelines for standard setting or coopetition is a challenge. It is clear that competition law alone is not sufficient to handle the whole bundle of agreements and collaborations set in place by the enactment of IP Banks and IP Banks' collaborations, given the set of public interest objectives which might be triggered. In particular, the horizontal effects of these collaborations, i.e. standardization agreements and patent pools, are not regulated sufficiently under competition law. IP Banks' origins are in the transfer of the power to regulate product and technology standards from the political sector to the markets. SSOs and their members today retain the expertize and the ability to create global standards, which governments do not have. This is the main reason why competition agencies or courts should not intervene in the selection of technology in a standard or a pool. On a more philosophical level, it implies that society has limited competition law so that it regulates only private power and not public power. Or, are the indirect rules referred to above exactly the nascent rules for also regulating the public power gained by SSOs? Or, should they instead be regulated under free trade rules and dormant commerce clauses? Perhaps, at least the infrastructure standards should be regulated under other rules then competition law.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.