Antitrust

This article is from the Competition chapter of the 2015 Annual Review and is available for download here.Nate Bush of O'Melveny & Myers describes…

O'Melveny & Myers

The longstanding dispute between SEP licensors and tech companies has peaked with the Huawei v ZTE case in Europe, triggering questions on the right of exclusion and the effectiveness of injunctions. Courts need to strike a balance between IP and competition as the market evolves

The longstanding dispute between SEP licensors and tech companies has peaked with the Huawei v ZTE case in Europe, triggering questions on the right of exclusion and the effectiveness of injunctions. Courts need to strike a balance between IP and competition as the market evolves

This year's report carefully selects 35 typical cases from among the intellectual property and competition cases concluded by the Supreme People's Court in 2014.

The SAIC's new Provisions emphasise the interplay between IP and competition, specifically agreements, restrictive acts, patent pools and standard essential patents. Businesses should learn from the Qualcomm and Huawei v InterDigital cases and be wary of large revenue-based penalties

The SAIC's new guidelines make it mandatory for dominant market players to license their IP rights. Companies – high tech and pharmaceutical in particular – will need to be careful to avoid AML investigations

The SAIC's new guidelines make it mandatory for dominant market players to license their IP rights. Companies – high tech and pharmaceutical in particular – will need to be careful to avoid AML investigations

Abusing IP rights to eliminate competition may be fined up to 10% of the sales turnover.