Huawei v ZTE: Established Case Law and Open Issues after ECJ's Judgment

3 Pages Posted: 5 Sep 2015

See all articles by Marco Lo Bue

Marco Lo Bue

Government of the Italian Republic (Italy) - Italian Competition Authority

Date Written: September 3, 2015

Abstract

The referring Court had raised the question whether an action for infringement brought by a FRAND-encumbered SEP holder against an undertaking which manufactures products in accordance with that standard constitutes an abuse of a dominant position.

The ECJ’s judgment had been long awaited as it was expected to strike a balance among two different approaches.

Keywords: antitrust, patents, IP, European Court of Justice, ECJ, Standard essential patents, Huawei

JEL Classification: K21

Suggested Citation

Lo Bue, Marco, Huawei v ZTE: Established Case Law and Open Issues after ECJ's Judgment (September 3, 2015). Available at SSRN: https://ssrn.com/abstract=2656056 or http://dx.doi.org/10.2139/ssrn.2656056

Marco Lo Bue (Contact Author)

Government of the Italian Republic (Italy) - Italian Competition Authority ( email )

Switzerland

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