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The European Commission Policy Towards The Licensing Of Standard-Essential Patents: Where Do We Stand?

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  • Damien Geradin

Abstract

Defining the circumstances in which the licensing conduct or litigation strategy of a standard-essential patent (SEP) holder amounts to an abuse of a dominant position in breach of Article 102 of the Treaty has been one of the most intractable issues for the European Commission given the significance of the interests at stake and the diversity of opinions among stakeholders. Although the Commission has spent most of the past ten years investigating alleged abuses committed by SEP holders, many issues, such as the meaning of FRAND and the compatibility with Article 102 of injunctions sought by SEP holders to enforce their patents, remain unresolved given the lack of clear precedents. This article provides a critical review of the main investigations carried out by the Commission over the past decade, including pending cases before the Commission and the European Court of Justice.

Suggested Citation

  • Damien Geradin, 2013. "The European Commission Policy Towards The Licensing Of Standard-Essential Patents: Where Do We Stand?," Journal of Competition Law and Economics, Oxford University Press, vol. 9(4), pages 1125-1145.
    • Handle: RePEc:oup:jcomle:v:9:y:2013:i:4:p:1125-1145.
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    File URL: http://hdl.handle.net/10.1093/joclec/nht036
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    More about this item

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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