This systematic analysis lucidly details the role played by competition law in ensuring that holders of SEPs do not unduly exploit their advantage. The author describes how market power, often amounting to dominance, is obtained by proprietors of SEPs, and then proceeds to set out the framework under which the legality of standardization agreements must be assessed, finally highlighting the role of competition law in preventing patent-related abuse arising after a standard is adopted.
Among the often complex issues clearly explained are the following:
Price: EUR 130 / USD 175 / GBP 104
- technical standards as drivers of innovation and consumer welfare;
- conditions governing the standard-setting process;
- the concepts of ‘patent hold-up’ and ‘patent ambush’;
- refusal to license;
- establishing deception ex ante and abuse ex post; and
- availability of injunctive relief.
International Competition Law Series Vol. 60