FRAND determination under the European SEP Regulation Proposal: discarding the Huawei framework?

Giuseppe Colangelo

European Competition Journal, 2024, vol. 20, issue 2, 393-411

Abstract: As part of the recent proposal for a regulation that would overhaul the entire standard essential patents licensing system (SEP Proposal), the European Commission has envisaged a pre-trial mandatory FRAND determination by a conciliator. The paper investigates the relationship between the FRAND determination process under such a proposal and the test developed by the European Court of Justice (CJEU) in Huawei v. ZTE, which represents the current guiding framework for SEP licensing negotiations in the EU. The paper aims at demonstrating that even, if the SEP Proposal were not to displace Huawei, it endorses an anti-injunction approach which is inconsistent with the CJEU’s stance and is essentially triggered by the German case law.

Date: 2024
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DOI: 10.1080/17441056.2023.2280333

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