NDLI: Antitrust Correction for Qualcomm’s SEPs Package Licensing and Its Flexibility in China

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Antitrust Correction for Qualcomm’s SEPs Package Licensing and Its Flexibility in China

Content Provider	Springer Nature Link
Author	Li, Yan Bing
Copyright Year	2016
Abstract	China’s National Development and Reform Commission (NDRC) issued its first antitrust administrative sanction decision relating to SEP licensing in 2015, finding that Qualcomm had abused its dominant position in the CDMA, WCDMA and LTE wireless communication standard-essential patents (SEPs) licensing market and baseband chip sale market by: (a) charging unfairly excessive royalties, (b) unreasonably bundling SEPs licensing with non-SEPs, and (c) making the sale of baseband chips conditional upon the buyer signing a patent license agreement with a patent no-challenge clause and other unfair clauses. As a result, Qualcomm was ordered to cease its abusive acts and was fined RMB 6.088 billion (approx. USD 975 million), the severest ever imposed by the NDRC or any other Chinese Anti-Monopoly Enforcement Authorities (AMEAs) under its Anti-Monopoly Law (AML). This article provides a structured description of the NDRC’s findings, explores the NDRC’s two-step approach of “the rebuttable assumed dominance” for SEPs and its flexible antitrust approach to correct Qualcomm’s SEPs package licensing practice, and lastly comments on the commercial and industrial significance of this decision in China and beyond.
Starting Page	336
Ending Page	351
Page Count	16
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	47
Issue Number	3
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2016-05-04
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	SEPs package licensing Wireless communication standards International IT and Media Law, Intellectual Property Law Abuse of dominant position Antitrust sanctions
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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