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The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)

On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first time the FCJ has addressed this issue following the landmark judgment of the Court of Justice of the European Union (the “Court of Justice of the EU”) in Huawei v. ZTE (Case C-170/13) (see VBB on Competition Law, Vol- ume 2015, No. 7). The FCJ had to contend with conflicting case law of lower courts. The judgment

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  • Van Bael & Bellis (Brussels)

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Peter L'Ecluse, The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier), 5 May 2020, e-Competitions Preview, Art. N° 95187

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