Case C- 170/13 Huawei Technologies [Archived]
Case C- 170/13 Huawei Technologies [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case C- 170/13 Huawei Technologies [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 16 July 2015; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline National reference from the German Landgericht Düsseldorf to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify whether a holder of a standard-essential patent (SEP) who has declared to a standardisation body that it is willing to grant any third party a licence on fair, reasonable and non-discriminatory (FRAND) terms, abuses his dominant market position under Article 102 TFEU if he brings an action for an injunction against a patent infringer although the infringer has declared that he is willing to negotiate concerning such a licence. Clarification is also sought on the issue of how an infringing licensee demonstrates such 'willingness', in particular whether Article 102 TFEU lays down specific qualitative and/or time requirements in relation to the 'willingness to negotiate' where other potential requirements of the competition law defence (to the injunction) have been made out.

On 16 July 2015, the Court of Justice ruled that proprietors of SEPs do not abuse their dominant position under Article 102 TFEU if they make a request for