Is the requirement for an exclusive license as a means of combating vendor lock-in always legal?

Abstract

The article evaluates the current practice of contracting authorities who, before the threat of the vendor lock-in, in the procurement procedure require the granting of an exclusive license for the supplied system. This practice has the potential to restrict competition.

The intended goal could be achieved by other means.

Keywords

• vendor lock-in
• exlusive licens
• restriction of competition