FRAND

Institution Definition

Fair, Reasonable and Non-Discriminatory (FRAND or FRAND licensing). For more see Fair, Reasonable and Non-Discriminatory (FRAND) Licensing Terms. Research Analysis of a Controversial Concept, 2015

See also Compulsory license and Licensing

Articles

Thomas F. Cotter Antitrust, intellectual property, and dynamic efficiency: An essay in honor of Herbert Hovenkamp

September 2020

Article to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2021. This essay argues that, while intellectual property (IP) and antitrust often operate as complementary bodies of law, in some residuum of cases there will be widespread disagreement among (...)

John Handoll India: Remedies in merger cases

February 2019

No notified combination has to date been prohibited by the Competition Commission of India (CCI). However, the clearance of some 30 combinations has been subject to the parties implementing structural or non-structural (behavioural) remedies. This article outlines the sometimes innovative (...)

Anne Perrot, Damien Geradin, Paul Seabright Standards and competition (Nasse Seminar - Paris, 5th of novembre 2009)

February 2010

During the Seminar organized the 5th of november of 2009, Damien Geradin and Paul Seabright talked about standards and competition. The seminar was animed by Anne Perrot, vice-president of the Competition Authority. Created at the end of the 1980s within the Forecasting Department, the (...)

Hanhong Wu, Wei Tan Introduction (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

November 2018

The article below introduces 9 articles related to the conference "10 years of Anti-Monopoly Law in China" held in Beijing on July 14, 2018 and published in this issue of Concurrences N°4-2018. Introduction Wei Tan Managing Director, Mingde Economic Research Inc., Washington, D.C Hanhong Wu (...)

Shan Jiao, Wei Tan, Ying Qin Merger control (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

November 2018

These papers review the use of FRAND commitment as merger remedy and the risks of Un-notified Concentrations in China. The paper looks at the economic meaning of FRAND price after the merger, the potential abuse of FRAND commitment and the implication of these remedies. By the end of this (...)

Guanbin Xie, Li Zhu, Xuting Wu IP and antitrust litigation (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

November 2018

In April 2017, Beijing High Court issued its Guidelines on the Ruling of Patent Infringements and one year later, Guangdong High Court issued its Guidelines for the Trial of SEP Disputes (for trial implementation) on 26 April 2018. Both of these Guidelines tried to resolve the SEP-related (...)

Aymeric de Moncuit Connecting competition law standards to the Internet of things

November 2018

The advent of the Internet of Things will entail a new Internet revolution and bring about profound changes that will rival the first wave of Internet innovation. This paper explores the competition law implications raised by this upcoming revolution. Starting by discussing the merits of open (...)

Lara Rachidi The availability of injunctive relief under EU and US law for FRAND-encumbered patents

September 2018

Although seeking an injunction might be a legitimate tool, threatening a willing licensee with an injunction to extract excessive royalties can be abusive under competition law. In these cases, patentees abuse their market power by using injunctive remedies to avoid their FRAND commitment. Even (...)

Gabriella Muscolo, Giovanni Pitruzzella Unfair prices: A few remarks on competition policy and antitrust analysis

February 2018

Recent antitrust intervention against unfair prices in the pharmaceutical industry by the Italian and UK competition authorities, as well as the answer of the European Court of Justice to preliminary questions from the Latvian Supreme Court, have breathed new life into the longstanding debate (...)

Maurits J. F. M. Dolmans, Wanjie Lin Fairness and competition law: A fairness paradox

November 2017

“Fairness” in EU competition law is hotly debated. This article explores the concept from a sociological, philosophical, and legal perspective, and suggests there is a fairness paradox: while competition law should reflect the values of fairness, if fairness were actually employed in substantive (...)

Catherine Prieto Antitrust Issues in Intellectual Property Law, Bradford P. LYERLA

November 2017

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Hanns Ullrich FRAND Access to open standards and the patent exclusivity: Restating the principles

May 2017

When technical standards are to be defined pursuant to the claims of a patent and, therefore, the use of the standard will necessarily infringe that standard-essential patent (SEP), the proprietor may commit to granting all users a license at fair, reasonable and non-discriminatory (FRAND) (...)

David Leys Communications and Competition Law - Key issues in the Telecoms, Media and Technology Sectors

January 2015

This book sheds clear light on the current international contours of competition law vis-à-vis communications, and provides deeply informed insight and lessons to be learned from experiences in several countries. With a primary focus on Brazil, which alone in the world to date has legislated (...)

Lionel Janin, Maya Bacache-Beauvallet Regulation, deregulation and competition: The case of the taxi industry

May 2009

The taxi industry is highly regulated in France, through a capping of the number of plates, retail prices or specific business regulations. Nevertheless, this market does not appear to always function well, as illustrated by several Competition Authority decisions, or by recent critics (...)

Isabelle Mauléon-Wells Antitrust and intellectual property : From compulsory licensing to negotiated commitments

December 2005

For the past few years, competition law has had to measure the impact of its intersection with intellectual property law. Generally, those two fields complement each other and contribute to economic welfare. However, the application of intellectual property rights sometimes opens the way to (...)

François Lévêque What is the reasonnable price for a compulsory licence?

December 2004

Contrary to the calculation of cost for access to infrastructures, there is no generally accepted robust method to determine the price of a patent (or copyright) licence made compulsory because it is an essential facility or in case of abuse of dominant position. Through an economic analysis (...)

Events

Jonathan M. Barnett, Pierre Régibeau, Raphaël De Coninck, Paul Lugard, Avantika Chowdhury, Kirti Gupta IP & Antitrust - #1 The value of IP: FRAND licensing of SEPs

15 June 2021

1st Webinar of the 1st « IP & Antitrust: Hot Issues » Conference organised by Concurrences, in partnership with Baker Botts, Oxera and CRA. Keynote speech by Pierre Régibeau (Chief Economist, DG COMP). Panel with Jonathan Barnett (Professor, University of Southern California), Avantika Chowdhury (Partner, Oxera), Raphaël De Coninck (Vice President, Charles River Associates), Kirti Gupta (Vice President, Economic Strategy | Chief Economist, Qualcomm) and Paul Lugard (Partner, Baker Botts).

Monica Magnusson, Kirti Gupta, Douglas Lahnborg, David Matthew, Kadambari Prasad, Renato Nazzini Innovation Economics Conference for Antitrust Lawyers #1 5G, Internet of Things, SEPs

23 June 2020

1st Webinar of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Compass Lexecon and Orrick, with Kirti Gupta (Vice President - Technology & Economic Strategy, Qualcomm), Douglas Lahnborg (Partner, Orrick), Monica Magnusson (Vice President - IPR Policy, Ericsson), David Matthew (Director of Economics, Ofcom), Renato Nazzini (Professor, King’s College London) and Kadambari Prasad (Senior Economist, Compass Lexecon).

Cristina Caffarra, Thomas Kramler e-Commerce Inquiry: Removing the last Public and Private Barriers

20 April 2016

Conference organized by Concurrences Review in partnership with Charles River Associates (CRA) and Shearman & Sterling.

Fiona M. Scott-Morton, Guillaume Loriot, Hanno F. Kaiser, Sven Voelcker Challenges for Antitrust Enforcement in the Technology Sector

14 October 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Latham & Watkins.

Alvaro Ramos, Gregor Langus, Miguel Rato, Nicholas Banasevic SEPs & FRAND after the ECJ Huawei/ZTE ruling

23 September 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Shearman & Sterling and Compass Lexecon.

Jorge Padilla, Miguel Rato, Thomas Kramler, Trevor Soames What is FRAND? A progress report

30 June 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Shearman & Sterling and Compass Lexecon.

Christian Riis-Madsen, David Spector, Frédéric Jenny, Nicholas Banasevic Proof of abuse of dominant position

3 June 2015

Workshop organized by Concurrences Review in partnership with O’Melveny & Myers and MAPP.

Jorge Padilla, Thomas Kramler, Trevor Soames Standard settings: Implications for European competition law and policy

4 March 2014

Law & Economics workshop organized by Concurrences in partnership with Shearman & Sterling and Compass Lexecon.

Jorge Padilla, Thomas Kramler, Trevor Soames Standard Settings: Implications for European competition law

17 February 2014

Thomas Kramler
Trevor Soames
Jorge Padilla

A B C D E F G H I J L M N O P R S T U V

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Applicable law • Arbitration • Article 11 letter • Automotive distribution

B

Barriers to entry • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Contract • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Economies of scale • Effect on trade between Member States • Effective judicial protection • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND • Free riding

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Hearing officer • Horizontal agreement

I

Independence and impartiality • Individual exemption • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Lerner index • Letter of rejection of complaints • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Misinformation

N

Ne bis in idem • Network effect • Non-competition clause • Notification • Nullity

O

Oligopoly

R

Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Substitutability • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service • Upstream market

V

Vertical agreement • Vertical restraints (or restrictions)