The European Commission is market-testing commitments (http://bit.ly/19ae4Lx) by...
The European Commission is market-testing commitments (http://bit.ly/19ae4Lx) by Samsung Electronics in an antitrust case on enforcement of standard essential patents (SEPs) for mobile communications, it said Thursday (http://bit.ly/17vDwbv). Samsung’s seeking of injunctions against Apple in the European Economic Area on…
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the basis of its 3G UMTS SEPs may have been an abuse of its dominant position, the EC said. While patent holders can legitimately seek injunctions in cases of infringement, doing so on the basis of SEPs can be abuse if an SEP holder has committed to licensing its patents on fair, reasonable and nondiscriminatory terms and the company against which an injunction is sought is willing to agree to a license on such terms, it said. Samsung’s actions in such circumstances could allow it to set royalties or other licensing terms which a licensee wouldn’t agree to absent the threat of having its products excluded from the market, it said. That distorts licensing negotiations and hurts consumers by raising prices, reducing product choice and stifling innovation, it said. Samsung proposed to refrain for five years from seeking any injunctions, on the basis of present and future SEPs related to technologies in smartphones and tablets, against companies that agree to a particular licensing arrangement, the EC said. Comments are due in one month from publication in the EU Official Journal. -- COMP-SAMSUNG@ec.europa.eu.