Author (Person) | Kanevskaia, Olia, Zingales, Nicolo |
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Publisher | Taylor & Francis |
Series Title | European Competition Journal |
Series Details | Volume 12, Number 1, Pages 195-235 |
Publication Date | June 2016 |
ISSN | 1744-1056 |
Content Type | Journal Article |
Abstract: In 2015, the Institute of Electrical and Electronics Engineers (IEEE) Standardization Association made some controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a request to members holding a standard-essential patent to forego their right to seek an injunction except under limited circumstances. The updated policy was adopted by the IEEE Board of Directors after obtaining a favourable Business Review Letter by the US Department of Justice, which found any potential competitive harm from the policy to be outweighed by potential pro-competitive benefits. In this paper, we examine whether the same favourable conclusion would be reached under EU competition analysis. After discussing the role of patent policies of standard-setting organizations and the rules and principles applicable to the IEEE's activities, the paper concludes that standardization agreements based on the updated policy may constitute a violation of article 101 TFEU. |
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Source Link | https://doi.org/10.1080/17441056.2016.1254482 |
Subject Categories | Internal Markets |
Subject Tags | Competition Law | Policy |
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