The Interface Between Competition Law, Patents and Technical Standards

The waging of 舖patent wars舗 èˆ'in which the focal point is the assertion of patents that are essential to the implementation of technical standards (舖essential patents舗 or 舖SEPs舗) èˆ'is among the prominent features of today舗s litigation landscape. In line with this development, competition authorities strive to ensure that the market power obtained by holding SEPs is not abused to the detriment of effective competition. It has indeed been shown that a single SEP is sufficient to block third parties from implementing the standard to which it relates, thus effectively excluding competitors from the market.