Standardisation e Access in Digital and 5G Markets

Standardisation and Access are fundamental concepts to find an efficient balance between cooperation and competition in complex digital and telecom ecosystems. Smooth access to data is crucial for technological innovation to thrive. Hence, policies affecting the movement of data should be critically assessed and carefully designed. The European Commission has started to tackle these issues with a broad array of different and heterogeneous legislative initiatives, and now it is going to approach it via the Digital Service Act. Application Programming Interfaces (APIs) surfaced as technical tools capable of ensuring a seamless flow of data as well as of strengthening interoperability among different private and public undertakings in the value chain. However, despite their clear pro-competitive potential, there is no consensus regarding who should define the APIs nor, even more importantly, whether to standardise their creation. The event explored whether a European common data space will require the development of open standardized APIs that enhance interoperability and simplify the exchange of and access to data between market players.

Standardisation is crucial pillars also for telecom markets, especially within the 5G ecosystem which is based on innovative patented technologies as well as on unprecedented intense interactions among all the stakeholders involved in its extended value chain. FRAND arrangements for standard essential patents has represented a balanced competition safeguard, working both at horizontal level within the Standard Setting Organisations, and at vertical level between patent holders and single licence or access seekers. It aims therefore to balance incentives to invest in complementary technologies, engagement in efficient standardisation process and effective access to the standard. The event also addressed one of the most crucial questions in the 5G ecosystem: under FRAND commitments and EU competition law, can players claim licensing rights at each level in the industry value chain? Or, instead, licensing at FRAND conditions can be circumscribed within the standardisation process to a specific implementing level?

The EU Policy Conversation took place in a webinar format. The event started with an introduction by Stefano da Empoli, I-Com President. Then a conversation among the speakers coordinated by Antonio Nicita, Commissioner AGCOM and Professor of Economic Policy, University of Rome – LUMSA, took place. A Q&A session with participants followed.

You can find the agenda here.