From Innovation to Domination: Exercising IPR as abuse of art. 102 TFEU

Abstract: This thesis deals with the enforcement of intellectual property rights as an abuse of dominance. In particular after refusal to license a patent, which is essential for a standardized technology. Seeking for injunction relief may in some circumstances violate applicable competition law. The analysis will provide a hint, whereas patent holder who is dominating in particular market can or should be immune from EC scrutiny. This paper focuses on recently closed Samsung case on 3G standard, where a dominating company refused to share a technology, which was granted as standard technology in mobile telecommunication sector. Exercising IPR against competitors who are relying on standardized technology without having a licence becomes abusive. The analysis shows however, that it should be assessed more carefully, than it actually was, taking into consideration certain conditions established before in similar cases by CJEU.