Published: 8/20/15These guidelines provide an analytical framework for the most common types of horizontal agreements, including standard-setting. The guidelines state that standardization “normally increase[s] competition and lower[s] output and sales costs, benefiting economies as a whole.” (Par. 263). However, standards also have the potential to restrict competition. “While a standard [...]

Published: 4/7/15 No available links. The Summary is based on unofficial English translations. The State Administration for Industry and Commerce (SAIC) is one of the three agencies that enforces the Anti-Monopoly Law (AML). SAIC is responsible for intellectual property issues that arise under the AML. On April 7, 2015, SAIC [...]

Published: 2/9/15 No available links. The Summary is based on unofficial English translations. In this decision, China’s National Development and Reform Commission (“NDRC”) determined that several aspects of Qualcomm’s licensing of telephony SEPs constituted an abuse of a dominant position. The NDRC imposed a fine of RMB6.088 (~US$975 million) and [...]

Published: 12/17/14The KFTC’s revised guidelines on abuse of IPRs indicate that the following licensing practices by the holder of standard essential patents (SEPs) may be deemed to be abusive:  Coercing the licensee to accept a license of a non-SEP as a condition for the licensing of a SEP; Not disclosing [...]

Published: 4/29/14The European Commission accepted commitments from Samsung not to seek injunctions with respect to FRAND-encumbered SEPs for smartphones and tablets against licensees that agree to a licensing framework. These commitments resolved allegations in a Statement of Objections issued by the Commission to Samsung in which the Commission expressed its [...]

Published: 4/29/14The European Commission determined that “Motorola Mobility’s seeking and enforcement of an injunction against Apple before a German court on the basis of a smartphone standard essential patent SEP) constitutes an abuse of a dominant position prohibited by EU antitrust rules.” The Commission explained that FRAND commitments are “designed [...]

Published: 4/29/14In this decision, the European Commission determined that Motorola Mobility abused its dominant position under European competition law by seeking and enforcing an injunction against Apple for infringing a FRAND-encumbered SEP. The Commission explained that FRAND commitments are "designed to ensure effective access to a standard for all market [...]

Published: 2/26/14In March 2012, Apple submitted a complaint to the Korea Fair Trade Commission (KFTC) contending that Samsung’s request for an injunction for FRAND-committed patents violated the MRFTA. (See Judicial – Korea page for a summary of the litigation over injunctive relief.) In February 2014, the KFTC concluded that Samsung [...]

Published: 1/16/14In a preliminary opinion directing an investigation based on a second complaint by Intex against Ericsson, the Competition Commission of India repeated the same preliminary conclusions that it expressed in directing the first investigation of Ericsson due to allegations by Micromax. A summary of the first complaint and related [...]