Abuse of Dominance

News & Analysis as of

Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

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)- Standards lie at the heart...more

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

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. ZTE1...more

FTC Commissioners Weigh in on FRAND Debate

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

EU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance

Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of...more

The European Union’s Highest Court Rules on Standard-Essential Patents, Injunctions and Abuse of Dominance

The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered by the Court of Justice of the...more

EU’s Highest Court Confirms that Seeking an Injunction for SEPs May Constitute an Abuse of a Dominant Position

On July 16, 2015, the EU's highest court, the Court of Justice, rendered its long-awaited ruling on whether seeking an injunction for a standard-essential patent ("SEP") against an alleged patent infringer constitutes an...more

EU Court: Standard Essential Patent Owners May Be Abusing Dominance

On July 16, the European Court of Justice issued a decision stating that standard essential patent (“SEP”) owners that seek injunctions against companies willing to license intellectual property on fair and reasonable terms...more

CJEU Ruling In Huawei/ZTE Leaves The Door Open To Injunctive Relief In SEP Litigation

The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and...more

Philippine Competition Act: first foray into antitrust legislation – key points

The Philippine Congress has passed, and President Benigno Aquino III is expected to sign into law, the Philippine Competition Act. The law, which aims to safeguard fair and competitive market conditions, marks the nation’s...more

Competition & Regulation Update: Harper Review: A Small Victory For Businesses Dealing And Competing With Supermarkets

The Harper Review Final Report was released last week. This update highlights the Panel's key views and recommendations that affect businesses supplying to or competing with supermarkets. MISUSE OF MARKET POWER...more

A Case Study: How the Record Breaking Antitrust Penalty Against Qualcomm Transforms the Landscape of SEPs Licensing in China

The PRC National Development and Reform Commission (NDRC) finally concluded its antitrust investigations against Qualcomm and issued an administrative sanction on February 10, 2015, putting an end to the 16-month...more

Airport abuses dominant position through coach operator concession

On 28 January 2014 the High Court (‘the Court’) in London found that London Luton Airport Operations Ltd (‘LLAO’) had abused its dominant position contrary to UK competition law by entering into an exclusive concession...more

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

Focus On Competition, Antitrust And Foreign Investment - January 2013: "Investment Canada And Competition Law – 2012 In Review and...

In This Issue: - Investment Canada ..State-Owned Enterprises Under Scrutiny - Competition Act ..Mergers ..Cartels And Bid-Rigging ..Price Maintenance ..Abuse Of Dominance ..Competition Bureau...more

REGULATORY: EU Competition Law: European Commission opens two abuse of dominance inquiries against Bulgarian and Romanian Energy...

The European Commission (“Commission”) has announced two formal proceedings to investigate potential competition law violations by energy companies in Eastern Europe. The Commission is investigating whether Bulgarian Energy...more

A Busy Year in Court: Canadian Competition Law in 2012

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

Doing Business in Canada: Offences Under The Competition Act

The Competition Act, which is Canada’s antitrust legislation, restricts anti-competitive business practices. The Act is designed to ensure fair competition in the Canadian marketplace. Over the last 26 years, the Act has...more

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