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

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 (Philips / ASUS)

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 (...)

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 (...)

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 fine 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 (...)

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). (...)

Stefan M. Meisner, Lisa A. Peterson The U.S. Northern District Court of California requires the holder of a standard essential patent for cellular communication to license it to all those willing to pay a fair, reasonable and non-discriminatory rate (Qualcomm)

6 November 2018

FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case* Summary Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving (...)

Natasha Nayak The UK Court of Appeal upholds a decision qualifying an essential patent offer to be FRAND (Huawei / Unwired Planet International)

23 October 2018

UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION* Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, (...)

Man Mohan Sharma The Indian Competition Authority approves acquisition of global agricultural company by global pharmaceutical company subject to permanent divestments and 7-year FRAND licensing of genetically modified and non-GM agricultural products (Bayer AG / Monsanto)

14 June 2018

CCI approves the acquisition of Monsanto by Bayer AG subject to structural modifications* The CCI by its order dated June 14, 2018 has approved the proposed acquisition of Monsanto Company (Monsanto) by Bayer Aktiengesellschaft (Bayer). The CCI approved the proposed combination, subject to the (...)

Fayrouze Masmi-Dazi Dominance in the telecom sector

17 May 2018

Over the last three years, there have been three landmark cases of dominance in the telecom sector in the EU targeting practices undertaken by telecom equipment suppliers: the Huawei/ZTE CJEU judgment in 2015, plus the Intel and Qualcomm decisions sanctioning exclusionary rebates. Given the significance of such cases both in terms of substantial assessment and political stance, these will be the focus of the present contribution.

Walid Chaiehloudj United States: The US District Court of Central District of California rules on fixation of FRAND rate (TCL Communications / Ericsson)

21 December 2017

Depuis de nombreuses années, les juridictions et les autorités de concurrence du monde entier sont sensibilisées au problème du hold-up et mènent des actions antitrust contre ces stratégies. La question principale a pendant longtemps été de savoir si la mise en œuvre d’actions en contrefaçon à (...)

Fei Deng, Mario Lopez The U.S. District Court of California uses an economic approach to determine frand loyalty rates (TCL / Ericsson)

21 December 2017

On November 8, 2017, Judge James Selna of the US District Court in the Central District of California issued a decision (published later on December 21st) in TCL v. Ericsson determining fair, reasonable, and non-discriminatory (FRAND) royalty rates for Ericsson’s standard essential patent (SEP) (...)

Maurits Dolmans, David R. Little, David Herrington The U.S. District Court sets out FRAND rates for licensing standard essential patents for 2G, 3G and 4G wireless communications (TCL / Ericsson)

21 December 2017

On December 21, 2017, the District Court for the Central District of California issued TCL v. Ericsson, resolving a long-standing dispute between the parties concerning worldwide licenses to 2G, 3G, and 4G standard essential patents (SEPs) owned by Ericsson. The court determined that none of (...)

Enzo Marasà The Italian Competition Authority imposes FRAND licensing to a local newspaper in a paradigm for the essential facility doctrine applied to copyrights (Società Iniziative Editoriali)

20 December 2017

On 20 December 2017, the Italian Competition Authority (or “ICA”) issued a rare infringement decision in an abuse of dominance investigation against the publisher of a local daily newspaper (“SIE”), which refused to deal with a player (the “complainant” or “Euregio”) in the downstream local market for (...)

Tim Kasten The EU Commission publishes a communication on Standard Essential Patents

29 November 2017

On 29 November 2017, the European Commission published a communication titled “Setting out the EU approach to Standard Essential Patents” (the “Communication”) in which it seeks to offer guidance and recommendations in relation to the licensing, valuation and enforcement of Standard Essential (...)

Henry de la Barre, Philipp Werner, Yvan N. Desmedt The EU General Court issues a ruling on mandatory access and interoperability in the software industry (Contact Software)

14 October 2017

The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)

Jorge Padilla Research report finds that setting open technology standards through voluntary participation in Standards Development Organisations results in innovative and competitive industries

24 September 2017

Economic Impact of Technology Standards: The past and the road ahead - Key Findings* Our research has shown that industries based on open technology standards, agreed through voluntary participation in industry bodies, have an impressive record of innovation. We looked in particular at the (...)

Jeremy Martinez Legal licence: The French Constitutional Council approves a legal provision authorizing internet radio services to use phonograms for commercial purpose without its interprets’ and producers’ consent (Société civile des producteurs phonographiques)

4 August 2017

La décision à commenter s’inscrit dans la délicate question de la protection des droits d’auteurs au regard des nouvelles modalités de diffusion numérique. Après l’adoption d’un arrêté édicté par le Ministre de la Culture fixant la composition d’une commission chargée de fixer les modalités de rémunération (...)

Emily Luken, Jay Jurata, Matthew G. Rose The UK High Court of Justice issues an injunction prohibiting an undertaking from selling wireless telecommunications products in Britain due to its failure to enter into a worldwide patent license (Unwired Planet / Huawei)

7 June 2017

“Between a Rock and a Hard Place”: Unwired Planet v. Huawei and the Dangerous Implications of Worldwide FRAND Licenses I. Introduction The United Kingdom High Court of Justice (Patents) recently issued an injunction prohibiting Huawei from selling wireless telecommunications products in (...)

European Competition Network Brief The Danish Competition Authority finds two manufacturers and two associations guilty of forming a cartel in the market for roofing membranes (Icopal, NWP, DTB, TOR)

31 May 2017

Illegal agreement regarding the Danish market for roofing membranes EU* The Danish Competition Council has decided that the only two Danish manufacturers of roofing membranes; Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two associations Danske (...)

Peter L’Ecluse The EU Commission publishes roadmap on Standard Essential Patents

10 April 2017

On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A standard (...)

Peter L’Ecluse The UK High Court delivers judgment in FRAND royalty case (Unwired Planet / Huawei)

5 April 2017

On 5 April 2017, Justice Birss of the English High Court of Justice issued a judgment in a license dispute involving Standard Essential Patents (“SEPs”) opposing Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company. Unwired Planet sued Huawei (...)

Tim Kasten The Italian Competition Authority accepts commitments from Italian collecting society in abuse of dominance investigation (Nuovoimaie)

22 March 2017

On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the audio-visual (...)

OECD The OECD holds a roundtable on competition and innovation in land transport

28 November 2016

Executive Summary, by the Secretariat* Considering the discussion at the roundtable held by Working Party No.2 on 28 November 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: 1. As a result of regulatory and (...)

Porter Elliott The UK Competition Authority orders structural remedies to clear a merger on the market of energy trading services (Intercontinental Exchange / Trayport)

17 October 2016

On 17 October 2016, the UK Competition and Markets Authority (“CMA”) ordered Intercontinental Exchange Inc. (“ICE”) to sell Trayport to a new owner, to be approved by the CMA, in order to preserve competition on the market for the supply of certain energy trading services. ICE is the largest (...)

David Knight, Nick Pimlott The UK Patents Court defers hearing on competition law issues in a patent litigation until infringement of patents is established (Illumina / Premiatha)

1 July 2016

Illumina, Inc v Premiatha Health PLC [2016] EWHC 1726 (Pat)*In July 2015 the Court of Justice of the European Union (CJEU) handed down its judgment in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH (Case C-170/13). In that Judgment the CJEU ruled that in proceedings for an (...)

James Bourke, Jon Turner, Laura Elizabeth John, Meredith Pickford The UK Court of Appeal overturns a UK Patents Court decision and allows competition law arguments in a FRAND dispute in relation to Standard Essential Patents (Unwired Planet / Huawei / Samsung / Ericsson)

27 May 2016

Court of Appeal reinstates Samsung’s case on non-discrimination and FRAND*On Friday 27 May, the Court of Appeal handed down an important judgment on the interplay between competition law and the licensing of essential patents.This is part of a landmark patent infringement case where Unwired (...)

Eibhlin Vardy The UK Patents Court declines application to transfer dispute on FRAND to UK Competition Appeals Tribunal (Unwired Planet / Huawei / Samsung)

29 April 2016

UK Patents Court refuses to transfer Unwired Planet competition claims to CAT*Background and status of proceedingsIn summary, Unwired Planet is asserting a number of patents against Huawei and Samsung, both of whom sell mobile devices and infrastructure equipment. The litigation has been (...)

European Commission The EU Commission invites interested third parties to comment the commitments proposed in the credit default swaps case (ISDA / Markit)

28 April 2016

Antitrust: Commission seeks feedback on commitments by ISDA and Markit on credit default swaps* The European Commission is inviting comments from interested parties on commitments offered separately by ISDA and by Markit to address competition concerns relating to the licensing of data and (...)

Cordula Tellmann-Schumacher The Düsseldorf Regional Court orders injunctive relief for infringement of standard-essential patents in the first German judgments after CJEU decision on FRAND (SISVEL / Haier)

3 November 2015

On 3 November 2015, the Düsseldorf Regional Court has issued judgments against Haier Deutschland GmbH und die Haier Europe Trading SRL, entities of Chinese Qingdao Haier Group. The Court ordered them to cease and desist from and render account on past infringements as well as determined Haier’s (...)

Martin Gramsch, Peter Meyer The Düsseldorf Regional Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment (SISVEL / Haier)

3 November 2015

A strict approach to applying the principles established in Huawei/ZTE, in particular as regards the prompt provision of security and a statement of account of past use, resulted in the defendant losing the right to raise a fair, reasonable and non-discriminatory (FRAND) defence. In detail (...)

Igor Nikolic The UK Patents Courts considers Articles 101 and 102 TFEU in FRAND dispute relating to standard essential patents (Unwired Planet / Huawei / Samsung / Google / Ericsson)

21 July 2015

Give us a FRAND: Unwired Planet v Huawei & Samsung*On 29 January, Mr Justice Birss gave judgment in the second UK patent trial between Unwired Planet, Samsung and Huawei, holding that two of Unwired Planet’s patents are invalid for obviousness. The case concerns patents that were declared (...)

Tom Foster The UK Court of Appeal allows appeal from UK Patents Court decision on competition law arguments in a FRAND dispute in relation to standard essential patents (Unwired Planet / Huawei / Samsung / Ericsson)

21 July 2015

Unwired Planet v Huawei & Samsung: Samsung Given Permission To Appeal Strike Out*Summary Unwired Planet asserts that Samsung and Huawei have infringed several ’standard essential patents’ (SEPs) relevant to mobile telecommunications standards. Samsung and Huawei have defended the claims based (...)

Seth D. Greenstein The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement (Huawei / ZTE)

16 July 2015

European Court Of Justice Holds Standard-Essential Patent Owner Can Abuse Its Position By Seeking To Enjoin Infringement* The European Court of Justice ruled today that the owner of a standard-essential patent abuses its dominant position when it seeks an injunction in an action for patent (...)

Daniel Hoppe-Jänisch, James Killick, Katarzyna Czapracka The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)

16 July 2015

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

Miguel Rato, Trevor Soames The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)

16 July 2015

The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which (...)

Antonio Bavasso The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE)

16 July 2015

Background A Scattered European Landscape There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated SEPs in the European Union. Whilst courts in the UK have yet to award an injunction on an SEP (and are seen as highly unlikely to do so), (...)

Roberto Dini The EU Court of Justice sets out specific requirements with which a SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)

16 July 2015

A patent is an exclusive right granted to an inventor for disclosing to the public an innovative technical solution. It does not necessarily oblige the patent owner to exploit that invention. Rather, it provides the right to exclude others from making, using, selling, offering for sale, or (...)

Jeffrey Brown The Canadian Competition Bureau releases "phase II" draft revision of the intellectual property enforcement guidelines

9 June 2015

Competition Bureau releases "Phase II" Draft Revision of the Intellectual Property Enforcement Guidelines* On June 16, 2015, the Competition Bureau released an updated draft version of the Intellectual Enforcement Property Guidelines (IPEGs), which set out its approach to enforcing the (...)

Douglas H. Ginsburg, Joshua D. Wright The Canadian Competition Bureau submits a draft of its upcoming intellectual enforcement property guidelines for public comment

9 June 2015

Comments of U.S. Federal Trade Commissionner Joshua D. Wright and Judge Douglas H. Ginsburg on the Canadian Competition Bureau’s draft updated intellectual property enforcement guidelines* This comment is submitted in response to the Canadian Competition Bureau’s (the Bureau’s) draft stage 2 (...)

Man Mohan Sharma The Indian Competition Authority investigates mobile telephony SEP holder for practices contrary to FRAND terms (iBall / Ericsson)

12 May 2015

CCI commences another investigation against Ericsson in relation to Standard Essential Patents (SEPs)* CCI by its order dated May 12, 2015 has initiated an investigation against M/s Telefonaktiebolaget L M Ericsson (Publ) & M/s Ericsson India Private Limited for alleged contravention of (...)

Gabriele Accardo The EU Commission conditionally clears the acquisition of a media company by a competitor (De Vijver Media / Liberty Global)

24 February 2015

European Commission clears acquisition of Belgian media company by Liberty Global subject to commitments* Last 24 February the European Commission cleared Liberty Global’s acquisition of a controlling stake in the Belgian media company De Vijver Media NV (“De Vijver”), subject to commitments. (...)

Kate Peng, Susan Ning The Chinese NDRC imposes its highest fine in an abuse of dominance case (Qualcomm)

9 February 2015

Qualcomm Investigation Finally Closed: Some Changes in Business Model in Addition to an RMB 6.088 Billion Fine* On 10 February 2015, the NDRC announced its decision in relation to the abuse of dominance investigation into Qualcomm. Following the announcement, the NDRC held a press conference (...)

James Ashe-Taylor The Chinese NDRC imposes its highest fine in Chinese antitrust history in an abuse of dominance case (Qualcomm)

9 February 2015

China’s Record $1 Billion Fine Against Qualcomm Could Signal A Tough New Antitrust Cop On The Block* China’s imposition of a nearly $1 billion fine on Qualcomm, the world’s largest supplier of smartphone chips, is noteworthy not just because it is a record-breaking antitrust fine for China, but (...)

David Golden The U.S. DoJ allows a standards association’s new patent policy for wi-fi standards, finding it potentially pro-competitive (IEEE-SA)

2 February 2015

Feds Green-Light Institute’s New Patent Policy For Wi-Fi Standards, Finding It Potentially Procompetitive* The Antitrust Division of the U.S. Department of Justice announced on Monday that it would not challenge recent revisions to the Patent Policy of the Institute of Electrical and (...)

Hubert Delzangles, Sebastien Martin Transports : The European Commission sets new requirements as part of the procedures for licensing railway undertakings and rail infrastructure capacity

6 January 2015

Comm. eur., 6 janv. 2015, Règlement d’exécution (UE) 2015/10 concernant les critères applicables aux candidats pour les demandes de capacités de l’infrastructure ferroviaire et abrogeant le règlement (UE) 870/2014 ; Comm. eur., 4 fév. 2015, Règlement d’exécution (UE) 2015/171 sur certains aspects de la (...)

Andrew L. Foster, Ingrid Vandenborre, Steven C. Sunshine The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”

1 January 2015

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), seeking public comments by January 30. The Draft Template (...)

David Golden The U.S. Court of Appeals decides on the reasonableness of licensing royalties (Ericsson / D-Link)

4 December 2014

Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents* The ongoing battle over what constitutes a “reasonable” licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals for (...)

Iris Demoulin 100.FRAND terms : The Advocate General Wathelet considers that the ownership of a standard-essential patent leads to a rebuttable presumption of dominant position, and that introducing an action for infringement against an infringer willing to negotiate a licensing agreement can be regarded as an abuse of dominance (Huawei Technologies/ZTA)

20 November 2014

Selon l’avocat général Wathelet, la titularité d’un brevet essentiel fait naître une présomption simple de l’existence d’une position dominante qui peut être renversée par des indices concrets et circonstanciés (§ 58). Dans le cas d’espèce, l’avocat général Wathelet propose à la Cour de répondre à la (...)

Bertold Bar-Bouyssière The Advocate General Wathelet renders his opinion and provides a fresh perspective on FRAND licenses (Huawei / ZTE)

20 November 2014

The long-awaited Opinion delivered by Advocate General Wathelet on 20 November 2014 in the dispute opposing Huawei and ZTE (Case C-170/13) sheds a new and bright light on the legal landscape for injunctions in SEP-FRAND licensing contexts, provided the Court of Justice follows the Advocate (...)

Gabriele Accardo The EU Commission sends formal charges to companies regarding a cooperation agreement which may have limited availability of a product and technical development (Honeywell, DuPont)

21 October 2014

Commission sends formal charges to Honeywell and DuPont regarding cooperation on car air conditioning refrigerant* On 21 October 2014 the European Commission issued formal charges to Honeywell and DuPont, based on allegations that the cooperation agreement they entered into in 2010 on the (...)

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 • Arbitration • Association of undertakings

B

Barriers to entry • Below-cost resale price • 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 between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • 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

Independence and impartiality • 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 • Misinformation

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 • Politique de concurrence • Predatory pricing • Preliminary ruling (Art. 267 TFUE) • Price discrimination • Price-fixing agreement • Prices • Principle of equal treatment • Principle of proportionnality • Privacy • Private enforcement • Privatization • Procedural autonomy • Public procurement • Public undertaking

R

Referral (merger) • Refusal to deal • Regulated prices • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • 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 exemption) • 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)