Implications of Privateering Under EU Competition Law

Abstract

Nowadays, there is an increasingly and dynamic market for patent rights, especially in the technology sector. Operating companies may transfer a whole or part of a patent portfolio for many different reasons. When those transfers involve SEP portfolios and PAEs, some competition concerns may arise. In this paper, I will discuss from a competition law perspective those concerns, how the case law had coped with them, and what possible solutions could be implemented.

Keywords: european union, competition law, privateering