The European Commission’s Expert Group Report on SEP Licensing and Valuation: What Did We Achieve? What Did We Miss?

11 Pages Posted: 20 Mar 2021

See all articles by Damien Geradin

Damien Geradin

Tilburg Law and Economics Center (TILEC); Geradin Partners; University of East Anglia (UEA) - Centre for Competition Policy; University College London - Faculty of Laws

Date Written: February 11, 2021

Abstract

The European Commission just released its expert group Report on SEP licensing and valuation. As a member of that expert group, this short paper share some personal thoughts about the content of the Report, the way it was made, its achievements, but also its limits.

The paper is divided in four parts. Part I contains some general observations regarding the way the Report was drafted, the role played by the Commission, and the structure/content of the Report. Part III discusses some of the main themes of the Report. Part IV focuses on a small subset of issues that I consider particularly important for the future of SEP licensing in the EU. Finally, Part V contains a short conclusion.

Keywords: SEPs, competition, intellectual property, standards, FRAND, injunctions, valuation, patent pools.

JEL Classification: D45, K12, K21, K41, L12, L50.

Suggested Citation

Geradin, Damien, The European Commission’s Expert Group Report on SEP Licensing and Valuation: What Did We Achieve? What Did We Miss? (February 11, 2021). Available at SSRN: https://ssrn.com/abstract=3783710 or http://dx.doi.org/10.2139/ssrn.3783710

Damien Geradin (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

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Geradin Partners ( email )

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University of East Anglia (UEA) - Centre for Competition Policy ( email )

UEA
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University College London - Faculty of Laws ( email )

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