Enforcement of FRAND commitments under article 102 TFEU
- 81pages
- 3 heures de lecture
Defining the meaning of FRAND resembles a political debate where perspectives vary and no singular truth exists. In the telecommunications standardization environment, substantial legal and business concerns lead to inevitable conflicts over FRAND terms and conditions. The analysis reveals that the FRAND debate is contentious, with many questions regarding the enforcement of FRAND commitments under EC competition law remaining unresolved. This paper illustrates that FRAND commitments can serve as a strong defense against the abusive exploitation of standard-essential patents by dominant patent holders. However, when assessing the impact of FRAND commitments under Article 102 TFEU, it is crucial to recognize that the complainants must meet a specific test beyond the rationale of FRAND commitments as outlined by relevant SSOs. In the absence of dominance, a patentee's failure to fulfill FRAND commitments or their demand for excessive royalty rates does not automatically grant complainants an antitrust remedy under EC competition law. The author is currently an associate lawyer at Amereller Rechtsanwälte & Legal Consultants in Munich and Dubai, specializing in IP law and international arbitration.
