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8 J. Intell. Prop. Info. Tech. & Elec. Com. L. 39 (2017)
Interoperability in the Digital Economy

handle is hein.journals/jipitec8 and id is 43 raw text is: Interoperability in the Digital Economy Interoperability in the Digital Economy byWolfgang Kerber, professor of Economics, Marburg Centre for Institutional Economics, School of Business & Economics, Phipps University Marburg and Heike Schweitzer, professor of Law and Managing Director of the institute for German and European Economic Law, Competition Law and Regulatory Law, Freie Universitat Berlin Abstract: Interoperability has become a buzz yord in European policy debates on the future of the digital economy. In its Dig mission has identified al ac of the significant obstace omy. The EU Commission tors have advocated far suring the interoperability platforms and communica per, ye present a systema ital Agenda, the LU Coin k of interoperability as one to a thriving digital econ and a number of other ac reaching policies for en of digital goods, services, tion networks. in this pa tic framework for discuss ing interoperability probems from an economic and legal perspective and apply it to several interopera bility issues such as, e.g., standard 7ation, interoper ability regulation in the fied of electronic communi cation, duties of dominant firms (incuding platforms) to ensure horizontal and vertical interoperability and IP aw exceptions in favor of interoperability. The complex trade offs between benefits and costs of a higher degree of interoperability suggest the need for a careful and separate analysis of each specific in teroperability issue, caution regarding a (top down) imposition of mandatory standards and interopera oiity obligations, and a greater focus on unilateral so lutions of interoperability probems, such as adapt ers or converters. Within the framevork of Art. 102 TFEU, EU competition aw e may be better advised to develop a vorkabe test to address hurdes for uni lateral firms, cilities Interoperatiil y solutions created by dominant than to continue focusing on the essential fa doctrine to mandate interoperability. © 2017 Wolfgang Kerber and Heike Schweitzer Everybody may disseminate this article by electronic means and make it available for download under the terms and conditions of the Digital Peer Publishing Licence (DPPL). A copy of the license text may be obtained at http://nbn-resolving. de/urn:nbn:de:0009-dppl-v3-en8. Recommended citation: Wolfgang Kerber and Heike Schweitzer, para 1. A. Introduction 1 Interoperability has become a buzzword in European policy debates on the future of the digital economy. In its Digital Agenda, the EU Commission has identified a lack of interoperability as one out of seven1 most significant obstacles to the virtuous cycle of digitalization.2 Effective interoperability between 1 The other obstacles are: fragmented digital markets; rising cybercrime and risk of low trust in networks; lack of investment in networks; insufficient research and innovation efforts; lack of digital literacy and skills; and missed opportunities in addressing societal challenges - see EU Commission, A Digital Agenda for Europe, Brussels, 19.5.2010, COM(2015)245 fin., p. 5-6. 2 EU Commission, A Digital Agenda for Europe, Brussels, 19.5.2010, COM(2010)245 fin., p. 3. Interoperability in the Digital Economy, 8 (2017) JlPlTEC 39 networks, devices, applications, data repositories and services has thus become a major goal of the European Digital Agenda, which aims to stimulate the emergence of a truly digital society and to boost innovation and European competitiveness.' Significant market players shall be led to pursue interoperability-friendly business policies.' 3 See, for example, EU Commission, A Digital Agenda for Europe, Brussels, 19.5.2010, COM(2010)245 fin., p. 14-15; EU Commission, A Digital Single Market Strategy for Europe, Brussels, 6.5.2015, COM(2015)192 fin. 4 See EU Commission, A Digital Agenda for Europe, Brussels, 19.5.2010, COM(2010)245 fin., p. 15: The Commission will examine the feasibility of measures that could lead significant market players to license interoperability information while at the same time promoting innovation and competition. 1 jipltec 2017

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