CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – CASELAW – UNITED STATES – MONOPOLIZATION – INTELLECTUAL PROPERTY – FRAND LICENCE

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

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. For many years, courts and competition authorities around the world have been aware of the problem of hold-ups and have been taking antitrust action against these strategies. The main question for a long time has been whether the implementation of infringement actions against users of essential patents was anti-competitive. In the US and the EU, different answers have recently been given. The European Commission and the European Court of Justice have ruled that infringement actions by holders of essential patents can be qualified as an abuse of a dominant position, but only in certain circumstances. In the European Union, the most important principles have

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