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Private Regulation and the Internal MarketSports, Legal Services, and Standard Setting in EU Economic Law$
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Mislav Mataija

Print publication date: 2016

Print ISBN-13: 9780198746652

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198746652.001.0001

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Standard Setting, Competition, and Trade

Standard Setting, Competition, and Trade

(p.224) VII Standard Setting, Competition, and Trade
Private Regulation and the Internal Market

Mislav Mataija

Oxford University Press

Chapter VII takes on the case study of standard-setting, which has been addressed by EU law in various ways, including the use of product standards as an alternative to legislation through the so-called ‘New Approach’ and the mandatory notification of Member State technical regulations. More recently, it has emerged as an important topic in competition and free movement law. The importance of standardisation as an instrument of EU industrial and trade policy is reflected in the relatively lax application of free movement and competition law, at least when it comes to standardization by officially recognised bodies. At the same time, EU legislation and competition law (including the Horizontal Co-operation Guidelines) have been used to impose good governance standards such as transparency and participation on standard-setting organizations (SSOs). The chapter debates the limits of EU law as applied to standard-setting, addressing in particular the principle of mutual recognition.

Keywords:   standard-setting, new approach to harmonization, technical regulations, standard-setting organizations, FRAND licensing, mutual recognition, standardization agreements

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