The Application of Article 102 TFEU by the European Commission and the European Courts

Subiotto, Romano; Little, David; Lepetska, Romi

doi:10.1093/jeclap/lpw017

Journal of European Competition Law & Practice

2016

DOI: 10.1093/jeclap/lpw017

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The Application of Article 102 TFEU by the European Commission and the European Courts

Romano Subiotto¹,

David Little²,

Romi Lepetska³

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Huawei v. ZTE in Context – EU Competition Policy and Collaborative Standardization in Wireless Telecommunications

Tsilikas

2017

IIC

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Collaborative standardization, an efficient and inclusive form of organized innovation under the auspices of standard-setting organisations (SSOs), has demonstrated significant technological achievements in the field of wireless telecommunications. At the core of collaborative standardization is a working balance of interests and incentives of all stakeholders involved, i.e. contributors of technology and users of standards, epitomized by licensing on FRAND terms. Standardization contributes to significant gains in consumer welfare, in the form of lower prices, more innovation and more consumer choice and convenience. At the same time, standardization fosters competitive markets, upstream and downstream. Public policy has not always been successful in accommodating collaborative standardization. The enforcement of Art. 102 TFEU by the EU Commission, for instance, reveals an underlying mistrust of the operation of markets in the context of collaborative standardization and a strong preference for court-determined FRAND terms. However, the recent CJEU ruling in Huawei v. ZTE provides strong incentives for private stakeholders to determine FRAND through bilateral commercial negotiations and as such it is a welcome shift in EU competition policy in collaborative standardization.

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Huawei v. ZTE in Context – EU Competition Policy and Collaborative Standardization in Wireless Telecommunications

Tsilikas

2017

IIC

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The 'Huawei v. ZTE' Judgement and Follow-On Application of Article 102 TFEU in the Light of this Judgement by German Courts

Staňková¹

2016

SSRN Journal

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Diffusion of Collaborative Standards and EU Competition Law

Tsilikas

2017

International Journal of Standardization Research

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Innovative standards bring about substantial benefits to consumers, such as lower prices, a wider variety of standard-compliant products to choose from and more innovation. Although standardisation is an efficient process, still making sure that the benefits of standardisation are distributed widely remains a challenge. This article is about how the EU competition law has had a significant impact on the development of collaborative standardisation, with a view to ensure that standards are diffused as widely as possible and that consumers internalise a fair share of the value of innovative standards. Arguably EU competition policies in collaborative standardisation have not always been an unqualified success. Yet, the CJEU Huawei ruling has been a positive step forward for EU competition law, successfully striking a fair balance between the interests of various stakeholders and aligning incentives of patent holders and implementers to conduct licensing negotiations in good faith and to refrain from practices that could be characterised opportunistic.

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The Application of Article 102 TFEU by the European Commission and the European Courts

Cited by 3 publications

References 0 publications

Huawei v. ZTE in Context – EU Competition Policy and Collaborative Standardization in Wireless Telecommunications

Huawei v. ZTE in Context – EU Competition Policy and Collaborative Standardization in Wireless Telecommunications

The 'Huawei v. ZTE' Judgement and Follow-On Application of Article 102 TFEU in the Light of this Judgement by German Courts

Diffusion of Collaborative Standards and EU Competition Law

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