The EU Commission consults on commitments to license on FRAND terms regarding use of standard essential patents (Samsung SEPs)

Samsung offers commitments to appease DG Comp* [1] The most important (antitrust-related) news last week was the European Commission’s announcement that it will market test a commitment proposal submitted by Samsung regarding the enforcement of its SEPs (Standard Essential Patents) related to mobile communications. As you know, the Commission considered in its December 2012 Statement of Objections that the seeking of court injunctions by Samsung in relation to SEPs which it had committed to license on FRAND terms, or that third parties (i.e. Apple) were apparently willing to agree to license on FRAND terms, could amount to an abuse of dominance, because “access to patents which are standard-essential is a precondition for any company to sell interoperable products in the market”

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Alfonso Lamadrid De Pablo, The EU Commission consults on commitments to license on FRAND terms regarding use of standard essential patents (Samsung SEPs), 17 October 2013, e-Competitions Bulletin October 2013, Art. N° 58662

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