Awareness of Competition Law

All interviewees seemed aware of competition law and most stated that competition law plays a role in their job to a varying extent depending on their exact position. It was frequently stated that they would obtain advice from legal officers if needed. An interviewee working as legal officer described EU competition law and the Research Framework as paramount.[1] Whilst the university would sometimes have a vertical relationship with companies (and hardly ever a horizontal one), it was more common that it would act as the state, making state aid law particularly important. This view was shared by many interviewees who saw state aid law as the main concern, as it would, inter alia, assert influences on access conditions (exclusivity, option periods, price) for IPR generated in publicly funded research and the levels of financial participation in public-private partnerships (PPPs). It was also stated that competition law would prohibit discriminatory contract conditions. Generally, it would appear that the awareness for EU competition law amongst research office staff in the Netherlands is quite advanced and comprehensive in comparison to England.

  • [1] Then still in the previous version (Community framework for state aid for research and development and innovation OJ [2006] C 323/01).
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