Competition Law: JurisClasseur News April 22nd, 2015
The Competition Authority has launched a public consultation on April 13th, 2015, on the diagnosis and initial recommendations that could better balance the processes of standardization, certification, and proper competition. The various interested parties are invited to submit their comments on the sticking points and initial recommendations made by the Competition Authority. Three points in particular caught the Competition Authority’s attention:
The Authority considers that it is first necessary to strengthen the general interest in the standardization process that, in practice, is based upon the technical skills and financial capacity of private operators. But this intervention in the private sphere can lead to risks of collusion and the creation of a standard that would help raise artificial barriers for new entrants.
The Authority then points to the potential for confusion that may exist between standardization activities and the certification of certain operators;
Finally, the Authority examined the construction sector (BTP) in particular due to the existence of specific normative documents that may explain the difficulties enterprises encounter when entering the sector and also contribute to overbidding (overestimating) the initial cost of construction.
46 questions are asked of stakeholders through an open, public, consultation from April 13th through June 1st, 2015.