Europe opens antitrust cases against Motorola
Summary: European antitrust officials said on Tuesday they will open a case against Motorola Mobility to examine whether it "abused" its dominant market position by withholding patents.
The European Union's antitrust authorities say they have opened two investigations into Motorola Mobility, after Microsoft and Apple made complaints over how the smartphone maker licenses patents.
The investigations will seek to discover whether Motorola unfairly restricted competition from accessing these patents under "fair and reasonable" terms.
The handset making arm of Motorola, which is being bought by Google for $12.5 billion, owns patents which are used by competitors to ensure cross-brand manufactured compatibility. Standard-essential patents under EU law must be licensed fairly as to not discriminate against the brand or manufacturer.
Microsoft previously complained to the European Commission saying that Motorola charged too much for patents it used in its products. Apple had also quietly complained, claiming that Motorola had gone back on its promise to license standard-essential patents fairly.
The Commission explained:
"Following complaints by Apple and Microsoft, the Commission will investigate, in particular, whether by seeking and enforcing injunctions against Apple's and Microsoft's flagship products such as iPhone, iPad, Windows and Xbox on the basis of patents it had declared essential to produce standard-compliant products, Motorola has failed to honour its irrevocable commitments made to standard setting organisations."
Europe's executive body said it will examine if Motorola's behaviour amounts to an "abuse" of a dominant market position, prohibited by Europe's competition rules. It also said it would assess the allegations made by Apple and Microsoft.
If Motorola is found in breach of European competition law, it could face fines up to 10 percent of its global annual turnover, amounting to many billions of euros.
Related:
- EU may quiz Apple, Microsoft vs. Motorola in antitrust dispute
- Why Apple should abandon its ‘thermonuclear’ war against Android
- Apple files EU antitrust complaint over Motorola patents
- Europe opens antitrust investigation into Samsung patents
- European Commission clears Google, Motorola merger
- Mary Jo Foley: Microsoft files antitrust patent complaint in EU against Motorola
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Talkback
silly
Maybe Nokia never did anything illegal?
Pagan jim
My point
Perhaps Moto charged a reasonable fee for their patents to Nokia?
Also to others but choose for it's own "competitive" or anti competitive reasons to charge Apple and MS more far more in fact. That alone is a kind of conspicuous trail or follow the money kind of thing.
Pagan jim
Errr....
Not correct!!!
Hard bargaining
Not a US case.
this investigation is outrageous
M$ and apple must pony up the money for Motorola's exceptional IP and withdraw their baseless lawsuits against android!
By Motorola's exceptional IP...
It is their refusal to comply with this that's landed them in hot water in Europe.
Their other patents are so weak, they couldn't defend themselves from multiple litigations before the Google acquisition and they won't defend them after.
they are exceptional
So by claiming they are "essential" you kind of make
the case for Apple and MS. Thank you. For it would be anti competitive to charge more than industry standard for these "essential" patents to ones competitors most especially if said patent were lesser to others. Again thank you.
Pagan jim
Errr
Ha
Motorola want 2.5% for their part of the H.264 codec or w/e it is, of which the only own a small percentage of the actual patents. H.264 pool represents 1,135 patents from 26 companies in 44 countries. 3 of those 26 companies are MS, Apple and Google.. MS and Apple have both said if they other people who owned the patents to the rest of this FRAND they would have to shell out around 50% of the profits which is stupid.
For you to come out and say that Motorolas patents are valuable and Apple's / MS are rubbish when the patents in question are all part of the same pool with Apple and MS contributing just shows you are a fanboy with the IQ of a goldfish.
MS and Apple patent their patents on this pool for less than a cent each. Motorola is after $2.50. That is why they are now under investigation....
Grow up.
Please don't be disrespectful to goldfish !!!
M$ and apple lost the entitlement
The German court does not speak for the entire
Pagan jim
Oh ya
Oh boy!
The German court hasn't endorsed anything with respect to this case you assclown, and no, Microsoft and Apple did not lose low cost licenses. FRAND still applies you idiot, and it always will.
Can someone please take this douche nozzle out of his misery so we no longer have to wade through inane and insipid fanboy garbage?
Actually....