Co-Operation Agreements Between Competitors

Standardisation agreements which do not need competition must be analysed in their legal and economic context in terms of their real and foreseeable impact on competition. In the absence of market power (110), a standardisation agreement cannot have restrictive effects on competition. Therefore, restrictive effects are least likely in a situation of effective competition between a number of voluntary standards. If R&D aims to develop a product that creates a completely new demand, market shares cannot be calculated on the basis of sales. Only an analysis of the impact of the agreement on the innovation competition is possible. .

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