Will the CJEU’s Decision in MEO Change FRAND Disputes Globally?


Guest post By Urška Petrovčič*

In April 2018, the Court of Justice of the European Union (CJEU) issued a decision in MEO v. Autoridade da Concorrência that clarified the circumstances in which price discrimination would trigger liability under Article 102(c) TFEU.

The dispute arose after MEO—a Portuguese telecommunications company that provides paid television signal transmission service and television content—appealed a decision of the Portuguese competition authority to terminate its investigation of an allegedly anticompetitive licensing practice of the Cooperativa de Gestão dos Direitos dos Artistas Intérpretes ou Executantes (GDA).

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SEP licensing and competition law: DOJ and European Commission bless a new “patent-friendly” approach

Recently, the debate on the applicability of competition law to the licensing of standard-essential patents (SEPs) has come to a turning point. Indeed, both the US Department of Justice (DOJ) and the European Commission are making an attempt to provide a final answer to the following questions:

1) should the conduct of SEP-holders be subject to the application of competition law?

2) should standard-setting organisations (SSO) provide guidance on the meaning of “fair, reasonable and non-discriminatory” terms (FRAND), or would that guidance amount to a price-fixing cartel?

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