Taiwan Fair Trade Commission v. Qualcomm
Published: October 11, 2017
On October 11, 2017, the Taiwanese Fair Trade Commission (TFTC) announced an enforcement action against Qualcomm, Inc. for competition law violations regarding Qualcomm’s behavior in the context of licensing for standards-essential patents. The TFTC’s enforcement action also levied a fine of T$23.4 billion (US$774.14 million) against Qualcomm.
The TFTC issued the following decision:
- Qualcomm holds a monopoly position in the market for code-division multiple access (CDMA), Wideband CDMA (WCDMA) and LTE mobile communications baseband products, […]
U.S. Federal Trade Commission vs. Qualcomm
Published: 1/17/17
On January 17, 2017, the Federal Trade Commission (FTC) filed a complaint against Qualcomm Inc. for allegedly engaging in monopolistic tactics concerning its baseband processors—semiconductor devises that enable cellular communications in cell phones and other products. The FTC alleges that Qualcomm used its dominant position as a supplier of certain baseband processors to impose onerous and anticompetitive supply and licensing terms on cell phone manufacturers and weaken competitors. The FTC also alleges that Qualcomm violated a […]
ACT Comments re: NTIA IoT Green paper
Published: 6/2/16
Because of the interconnectedness of our economy and technology development, the collective decisions by policymakers, courts, and regulators around the world create the conditions that weave the fabric of innovation. ACT | The App Association therefore urges that the planned Green Paper clearly establish the U.S. government’s role in promoting the realization of IoT by addressing standards and IPR matters consistent with the above.
Canadian Competition Bureau (Bureau) Revises Intellectual Property Enforcement Guidelines (IPEGs)
Published: 3/31/16
In its revised intellectual property enforcement guidelines, the Canadian Competition Bureau recognizes patent hold up as a competition concern. Specifically, it notes that high switching costs may create market power for the owners of patents that cover a standard due to the inability of firms using the standard to easily substitute other technologies to avoid high royalties. The revised guidelines address certain breaches of FRAND commitments as a potential competition issue, for example the bundling of SEPs […]
Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, 2011/C 11/01
Published: 8/20/15
These 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 is being developed, alternative technologies can compete for inclusion in the standard. Once one technology has been chosen and the standard has been set, competing technologies and […]
Regulation on Prohibiting Abuse of Intellectual Property Rights to Eliminate or Restrict Competition, Promulgated as Order No. 74 by the State Administration for Industry and Commerce
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 promulgated a regulation intended to prohibit abuses of intellectual property rights that restrict or eliminate competition. Article 13 of the regulation states:
“An undertaking shall not, when exercising […]