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Whether competition law extends to this of the trickiest tasks is to evaluate them from a
level currently is being tested at the European policy-oriented perspective and in an unbiased Chapter 4
Commission, which has recently filed a formal and balanced manner. On an abstract level,
antitrust complaint against Google. At issue the following three benchmarks may be helpful
51
in the case is how Google interoperates with starting places for evaluation.
sites that offer competing shopping services.
Although Google will display data from comparison 4.5.3.1 Effectiveness
shopping tools that compete with its own services,
competitors claim that Google tries to drive visitors Each approach described above is likely to result
to its own services. If the European Commission in different levels of interoperability and can be
prevails in its case against Google, it will highlight expected to play a distinct role in maintaining
the importance of paying attention to all of the an interoperable ecosystem. The suggested
interop layers, not just the technological layer. effectiveness criterion evaluates the respective
Similarly, the European Commission has recently contributions and compares the available
launched an antitrust competition inquiry into the approaches that are considered in a given
e-commerce sector of the European Union. It is situation. Understanding interoperability as a
exploring “barriers to accessing goods and services means and not an end in itself, the evaluation
online across borders.” 52
of an approach’s effectiveness should also
consider to what degree the respective strategy
Antitrust interventions are effective in establishing tends to enhance competition in the market,
interoperability in specific areas. However, if they foster innovation, or contribute to other policy
wind their way slowly to a resolution, they run goals such as consumer autonomy and choice.
the risk of lagging behind market development To be effective, a solution must also provide
and becoming irrelevant. Further, governments interoperability over time, not just in the
typically incur significant costs to monitor and immediate circumstances.
enforce the competition laws. On the positive
side, however, the fact-based and narrowly
tailored nature of antitrust interventions generally 4.5.3.2 Efficiency
ensures the flexibility of the approach with
regard to the market, technological, and legal In several instances, achieving and maintaining
environment in which it is applied. a certain level of interoperability comes with
costs. The efficiency criterion seeks to measure
the level of costs imposed on an affected player—
4.5.2.6 Supplementing strategies companies, but also users and governments,
among other stakeholders—for a given degree
In addition to the approaches outlined in this of interoperability and compare it with other
section, governments and regulators also have available means of achieving interoperability.
at their disposal “supplementing strategies.” The costs of unintended consequences (some of
These include funding research initiatives aimed them addressed in this chapter under the heading
at establishing higher levels of interoperability, “potential risks and drawbacks”) also need to be
facilitating standards-setting processes, and taken into account.
establishing public-private partnerships that foster
interoperability. Although governments’ roles may
be naturally oriented toward top-down action, it 4.5.3.3 Flexibility
is important for them to bear in mind the variety
of bottom-up approaches in which they can In order to be successful, a given approach to
participate. 53 interoperability needs to be able to take into
account important facts about the market. These
include the market’s maturity, product and
4.5.3 Benchmarks for Interop service development, the features of current
and future business models, the needs of users,
Each of the approaches identified in Section 4.5.2 etc. Looking forward, it is particularly important
(both private-sector and regulatory approaches) that the approach be responsive to technological
has its own strengths and weaknesses or, in development in order to avoid technological lock-
more economic terms, costs and benefits. One in.

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