This Glossary matches the list of keywords used by Concurrences search engine. Each keyword is automatically updated by the most recent EU and national case laws from the e-Competitions Bulletin and Concurrences Review. The definitions are excerpt from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993).

FRAND

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

Related EU and national case law

Cristina Caffarra, Fiona M. Scott-Morton The EU Commission issues the proposed digital markets act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by

15 December 2020

The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

Katharina Bongs The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)

26 November 2020

On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer guidance on (...)

Lars Mesenbrink, Jay Jurata, Julius Schradin The Regional Court of Düsseldorf questions the EU Court of Justice on standard essential patents licensing in supply chains (Nokia / Daimler)

26 November 2020

In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...)

New Zealand Competition Authority The New Zealand Competition Authority confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations for telecom network operators in offering fibre and other wholesale services

30 September 2020

Commission confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations* The Commerce Commission has today released guidance about how it will monitor and enforce obligations on telecommunication network operators to offer fibre and other wholesale services (...)

US Federal Trade Commission The US FTC requests rehearing en banc by the US Court of Appeals for the Ninth Circuit in the case of global semiconductor company’s standard-essential patent licensing practices (Qualcomm)

25 September 2020

FTC Requests Rehearing En Banc of Qualcomm Appeals Panel Decision* The Federal Trade Commission today filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm (...)

Katharina Bongs, Peter L’Ecluse The Regional Court of Munich rules in favor of an electronic manufacturer in standard essential patent proceeding (Sharp / Daimler)

10 September 2020

On 10 September 2020, the Regional Court of Munich (“Munich Court”) ruled in favour of Sharp that Daimler had infringed a standard essential patent (“SEP”) of Sharp. Sharp is the patent holder of EP 2667676B1 which is standard essential for the Long-Term Evolution (“LTE”) telecommunications (...)

Thomas 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 (...)

Ian Moss, Katie McConnell, Paul Brown The UK Supreme Court hands down a judgement between a software and a telecommunication company, providing answers on questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)

26 August 2020

The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

Steve Ross The UK Supreme Court rules in a licence dispute between a software and a telecommunication company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)

26 August 2020

On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

Pat Treacy, Edwin Bond The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)

26 August 2020

English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

Paul Lugard, Daniel Vasbeck The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard essential patents (Unwired Planet / Huawei)

26 August 2020

The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

Katharina Bongs The Mannheim Regional Court grants injunctive relief to a telecommunication provider and clarifies the application of FRAND in the supply chain (Daimler / Nokia)

18 August 2020

According to a press release of the Mannheim Regional Court of 18 August 2020 in the matter Nokia v Daimler, the Regional Court of Mannheim (the “Court”) ruled in favour of Nokia that Daimler had infringed Nokia’s patent and could not invoke a FRAND objection. The Court held that Daimler and a (...)

Romanian Competition Authority The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)

12 August 2020

The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR* The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in order to (...)

Joseph M. Miller, Michael T. Renaud, Richard M. Gervase Jr., Tinny Song The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm)

11 August 2020

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents* In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth (...)

Matthew Martino, Tara L. Reinhart, Steven C. Sunshine, Julia K. York The US Court of Appeals for the Ninth Circuit strikes down sweeping injunction against semiconductor company and reins in expansive interpretation of Sherman Act (Qualcomm)

11 August 2020

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

Logan M. Breed, Edith Ramirez, Suparna Reddy, Labeat Rrahmani The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused dominant position (Qualcomm)

11 August 2020

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court against Qualcomm Inc. (“Qualcomm”) and upheld Qualcomm’s licensing practices, (...)

Maurits Dolmans, Daniel P. Culley, David Herrington, Jessica Hollis, Alexandra Theobald The US Court of Appeals for the Ninth Circuit reverses a ruling finding that a semiconductor company abuses its dominant position regarding its standard-essential patents (Qualcomm)

11 August 2020

On August 11, 2020, a Ninth Circuit panel reversed the District Court for the Northern District of California’s judgment in FTC v. Qualcomm, Inc. The panel held that Qualcomm’s conduct—(a) refusing to license its standards essential patents (SEPs) to rival chipset manufacturers; (b) refusing to (...)

Walid Chaiehloudj USA: The Court of Appeals for the Ninth Circuit reverses the decision of the Northern District Court of California in the smartphone chip case (Qualcomm)

11 August 2020

Thunderclap in the United States! The ruling by the Ninth Circuit Court of Appeals completely overturns the ruling issued a few months earlier by the Northern District Court of California in the Qualcomm case(FTC v. Qualcomm, No. 17-cv-00220, Dkt. 1490 (N.D. Cal. May 21, 2019)). The FTC’s (...)

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).

Denis Fosselard, Gabriele Accardo The Italian Administrative Supreme Court reinstates remedies imposed by the Competition Authority to mitigate the effects of the acquisition of certain assets of the digital terrestrial Pay-TV (Sky Italia / R2)

28 May 2020

On 28 May 2020, the Italian Administrative Supreme Court ("CoS") reinstated remedies imposed by the Italian Competition Authority ("ICA" or "Authority") to mitigate the effects of the acquisition by Sky Italia Holding S.p.A. ("Sky") of certain assets of the digital terrestrial Pay-TV owned by (...)

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

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 (...)

Henrik Holzapfel, Christian Dölling The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)

5 May 2020

The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

Katharina Bongs The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Haier / Sisvel)

5 May 2020

In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

Peter L’Ecluse The German Regional Court of Munich provides a guidance document which sets out how the Court intends to apply a landmark ruling of the EU Court of Justice (Huawei / ZTE)

3 February 2020

In February 2020, the Regional Court of Munich published a guidance document that sets out how that court intends to apply the landmark ruling of the Court of Justice of the European Union (the “ECJ”) in Huawei v. ZTE (Case C-170/13). The ECJ’s ruling provided the practical steps which Standard (...)

Jay Jurata, Emily Luken The US DoJ and PTO issue a policy statement on standard-essential patents subject to a commitment to license on FRAND terms

19 December 2019

After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)

Italian Competition Authority The Italian Competition Authority authorizes the acquisition of a media company (F2I / Persidera)

15 November 2019

Antitrust: acquisition of Persidera by Terzo Fondo authorized with remedies* On 12 November 2019, the Authority concluded its investigation, launched on 4 September 2019, to assess the effects on competition of the acquisition of the sole control of Persidera S.p.A. by Terzo Fondo per le (...)

European Commission The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)

12 November 2019

Mergers: Commission clears Telia’s acquisition of Bonnier Broadcasting, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bonnier Broadcasting by Telia. The approval is conditional on full compliance with a commitments (...)

Porter Elliott The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)

12 November 2019

On 12 November 2019, the European Commission (“Commission”) conditionally cleared Telia Company’s acquisition of Bonnier Broadcasting Company after a Phase II investigation. Telia is a Swedish telecommunications company that provides fixed and mobile telecommunications, broadband and television (...)

François Brunet, Céline Verney Commitments: The European Commission clears, after an in-depth investigation and subject to commitments, a merger between two Swedish Telecommunications operators active in several European Union Member States (Telia / Bonnier)

12 November 2019

On 12 November 2019, the European Commission cleared the acquisition of the operator Bonnier Broadcasting by the Swedish telecommunications group Telia. Both operators are active in Sweden, Finland, Denmark and Norway. While Telia provides fixed and mobile telecommunications services and (...)

Alexander Middleton, Kevin J. Post, Steven Pepe The US District Court for the Northern District of California rules that an automotive company breaches FRAND commitments for the standard essential patents it was offering to license (Continental / Avanci)

5 October 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. As new devices become wirelessly connected, the importance of fairly licensing cellular standard essential patents (SEPs) has become increasingly important. This (...)

Rupprecht Podszun Intellectual property and competition law: An overview of EU and national case law

19 September 2019

About ten years ago, “IP and competition law” was the hottest ticket in antitrust town. The relevant cases decided in those days had it all: Well-known companies, very sophisticated legal issues, and authorities that were willing to intervene vigorously in the field of intellectual property law.

Michael A. Carrier The US Patent and Trademark Office Director calls for a balanced and structured policy for patent licensing negotiations in standards organizations

10 September 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Standards allow companies to build compatible products. But they often include patents. And patents present complex issues. Licensors agree to reasonably license (...)

Zhan Hao, Song Ying The Chinese Supreme Court clears its stance on arbitration clauses and states that the jurisdiction of courts over antitrust civil disputes cannot be excluded

21 August 2019

CHINA’S SUPREME COURT ENUNCIATED THE NON-ARBITRABILITY OF ANTITRUST CIVIL DISPUTES* For a few years, the topic of whether antitrust civil disputes could be arbitrable had been hotly debated in China. There were few precedents in connection with this issue for people to better understand what (...)

OECD The OECD holds a roundtable on the licensing of IP rights and competition law

6 June 2019

IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly prominent and extensive role in economic activity – and in market competition as well. As the economy digitalises and the importance of intangible (...)

Kevin J. Post, Lance Shapiro, Nathaniel Hyman, Samuel Brenner, Steven Pepe, Mark S. Popofsky The US District Court for the Northern District of California finds that a semiconductor company’s "no license, no chips" program violates antitrust laws (Qualcomm)

21 May 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 21, 2019, following a full trial on the merits, Judge Koh of the Northern District of California issued a 233-page opinion in a closely watched case (...)

Adam Brebner, Stephen Elliott, Renata B. Hesse, Garrard R. Beeney, Marc De Leeuw The US District Court for the Northern District of California holds that semiconductor’s company patent licensing violates the Sherman Act (Qualcomm)

21 May 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 21, 2019, in FTC v. Qualcomm, the U.S. District Court for the Northern District of California issued findings of fact and conclusions of law, holding that (...)

José Rivas, Pauline Van Sande, Hein Hobbelen The Belgian Competition Authority conditionally approves an acquisition of sole control in the media market (De Vijver Media / Telenet)

13 May 2019

On 13 May 2019 the Belgian Competition Authority ("BCA") conditionally approved Telenet’s acquisition of sole control over De Vijver Media, after a referral by the European Commission ("EC"). The deal was originally notified to the EC on 4 October 2018. The EC already investigated Telenet’s (...)

Peter L’Ecluse The Hague Court of Appeal delivers its judgment on an alleged infringement of patent essential to the universal mobile telecommunications system standard (Asus / Philips)

7 May 2019

On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)

Pauline Kuipers, Piet-Hein Eijssen The Dutch Higher Court of Appeal rules on an alleged abuse of dominant position by an electronic company for not licensing a patent under FRAND conditions (Asus / Philips)

7 May 2019

On 7 May 2019, the The Hague Court of Appeal ("Court of Appeal") ruled against electronics company Asus in a patent dispute with electronics company Philips. The Court of Appeal found that Philips’ patent was valid and had been infringed by Asus. The manufacturer had argued that Philips abused (...)

Peter L’Ecluse The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)

16 April 2019

On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)

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 (...)

Emily Luken, Jay Jurata The US DoJ files a statement asking the Court to order additional briefing and to hold a hearing on a remedy if it finds a semiconductor company liable for anticompetitive abuses in connection with its patent licensing program (Qualcomm)

5 February 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently led a statement of interest in the Federal Trade Commission (FTC)’s (...)

Peter L’Ecluse The UK Court of Appeal confirms jurisdiction over a standard essential patents dispute (Huawei / ZTE)

30 January 2019

On 30 January 2019, the UK Court of Appeal issued a judgment in the case pitting Conversant Wireless against two telecommunications companies, Huawei and ZTE. In this case, Conversant was seeking injunctive relief and damages against both companies in relation to the alleged breaches of its (...)

Man Mohan Sharma The Indian Competition Authority re-imposes fines on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)

15 January 2019

CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

Adam Brebner, Nader Mousavi, Garrard R. Beeney, Marc De Leeuw The US District Court for the Eastern District of Texas holds that FRAND commitment does not require licensing at chip level (HTC / Telefonaktiebolaget / Ericsson)

7 January 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. SUMMARY On January 7, 2019, in HTC Corp. v. Telefonaktiebolaget LM Ericsson, Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas (...)

Joseph Raffetto, Nicholas Rotz, Daniel Graulich, Logan M. Breed The US District Court for the Northern District of California denies motion for summary judgment that a company’s standard essential patent licensing practices breached its FRAND obligations (ASUS / InterDigital)

20 December 2018

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision published in redacted form, Judge Beth Labson Freeman of the Northern District of California denied ASUSTek Computer Inc.’s and ASUS Computer (...)

Man Mohan Sharma The Indian Supreme Court upholds Bombay High Court decision and clarifies jurisdiction between sectoral and competition regulator in telecommunications markets (Reliance Jio / Bharti Airtel / Idea Cellular / Vodafone India)

5 December 2018

Supreme Court clears the jurisdictional conflict between CCI & TRAI- dismisses CCI and Jio appeals* The Hon’ble Supreme Court by way of its judgement dated 05.12.2018 has finally cleared the uncertainty surrounding the jurisdiction of CCI and TRAI (Telecom Regulatory Authority of India). (...)

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 (...)

Glossary

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

B

Barriers to entry • Bid rigging • 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) • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • 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 • 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 agreement • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Horizontal agreement

I

Individual exemption • Intellectual property right • Interim measures • International competition network (ICN) • Investigations / inquiries • Investigations/ inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • 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) • Minority shareholdings

N

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

O

Oligopoly

P

Parallel imports (parallel trade) • Passing-on • Pay-for-delay • Periodic penalty payment • Personal data • Predatory pricing • Preliminary ruling (Art. 267 TFUE) • Price discrimination • Price-fixing agreement • Prices • Principle of effectiveness • Principle of equal treatment • Principle of equivalence • Principle of proportionality • Private enforcement • Privatization • Procedural autonomy • Professional association • Public procurement • Public undertaking

R

Referral (merger) • Refusal to deal • Regulated prices • 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 • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Trustee (mergers) • Turnover threshold (merger) • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service

V

Vertical agreement • Vertical restraints (or restrictions)