HUAWEI V ZTE: OPEN ISSUES AFTER ECJ’S JUDGMENT

Abuse of Dominant Position, ANTITRUST ENFORCEMENT, ANTITRUST WORLD, Hot Topics, In-Depth Analysis, PRIVATE ANTITRUST ENFORCEMENT, PUBLIC ANTITRUST ENFORCEMENTLeave a comment

Comment by Marco Lo Bue (Italian Competition Authority) On 16 July 2015, the European Court of Justice addressed the request for a preliminary ruling submitted by the District Court of Dűsseldorf with regard to the Huawei v ZTE case . The referring Court had raised the question whether an action for infringement brought by a FRAND-encumbered…

THE EUROPEAN COURT OF JUSTICE DECIDES THE HUAWEI CASE ON STANDARD ESSENTIAL PATENTS

Abuse of Dominant Position, ANTITRUST ENFORCEMENT, Damages Actions, Injuctions, PRIVATE ANTITRUST ENFORCEMENTLeave a comment

The European Court of Justice delivered, on 16 July, its judgment on the preliminary ruling regarding the Huawei case, stating that an action brought by an undertaking in dominant position, seeking injunction and compensation against an alleged infringer of a SEP, not necessarily infringes Article 102 TFEU. Huawei Technologies Co. Ltd (‘Huawei’) owns – inter…