The Chinese NDRC imposes changes in licensing practices (Qualcomm)

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On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s Anti-Monopoly Law (the “AML”), published a decision (the “NDRC Decision”) [1] regarding its investigation into alleged anticompetitive conduct by Qualcomm Incorporated (“Qualcomm”), the world’s largest smartphone chipmaker. Qualcomm was found to have engaged in anticompetitive conduct relating to the licensing of standard essential patents (“SEPs”) for wireless communication technology and baseband chip sales. NDRC ordered Qualcomm to cease certain anticompetitive conduct and pay a fine of RMB 6.088 billion ( $975 million), the largest penalty imposed to date under the AML. Qualcomm announced that it would not contest the NDRC Decision and

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Authors

  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (Brussels)
  • Cleary Gottlieb Steen & Hamilton (Hong Kong)
  • Cleary Gottlieb Steen & Hamilton (Washington)

Quotation

Cunzhen Huang, Maurits J. F. M.  Dolmans, Stephan Barthelmess, Anita Ng, Tara Tavernia, The Chinese NDRC imposes changes in licensing practices (Qualcomm), 9 February 2015, e-Competitions Commitment Decisions, Art. N° 72356

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