The FRAND Ceremony and the Engagement of Article 102 TFEU in the Licensing of Standard Essential Patents
This Essay examines the FRAND formulation for determining the maximum royalties payable to the holder of a Standard Essential Patent, with a focus on EU competition law. The holder undertaking to license a SEP on FRAND terms undoubtedly makes a contractual commitment. Moreover, the SEP holder affects a change in legal status, engaging Article 102 TFEU. There are two related and overlapping sets of FRAND obligations now in play: one established by private law according to express terms defined by the SEP-holder and the SSO; the other flowing from EU competition law.
Recommended Citation:
Jeffery Atik, The FRAND Ceremony and the Engagement of Article 102 TFEU in the Licensing of Standard Essential Patents, 42 Fordham Int'l L.J. 949 (2019).
Available at: https://ir.lawnet.fordham.edu/ilj/vol42/iss3/6