The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)

The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which an (presumptively dominant) SEP holder who has given a FRAND commitment may seek injunctive relief without infringing EU competition law. Given that the conduct at issue concerns allegedly abusive use of the processes of EU national courts, it is both surprising and disappointing that the ruling from Europe’s highest court ignores the established EU competition law standard on abusive litigation. It would seem that the Court of Justice has also conflated the questions of when an injunction

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Authors

  • Quinn Emanuel Urquhart & Sullivan (Brussels)
  • Quinn Emanuel Urquhart & Sullivan (Brussels)

Quotation

Trevor Soames, Miguel Rato, The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE), 16 July 2015, e-Competitions Bulletin Telecom & Dominance, Art. N° 74863

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