Antitrust in the High Tech Sector – New Developments in China
8:00am-9:30am First 15-20 minutes is for networking Light breakfast included/ first 15-20 minutes is for networking
Hosted by the Intellectual Proper ty Committee I n a judgment of February 4, 2013, the Shenzhen Intermediate People's Court reportedly ruled that US company InterDigital had violated China's Anti-Monopoly Law by requesting excessive royalties and engaging in tie-in sales with patents. The action was brought by Huawei. Earlier on, Huawei had also filed a complaint against InterDigital before the European Commission, the EU's antitrust watchdog, accusing InterDigital of abusing its dominant position by departing from FRAND principles to license standard essential patents.
This is just one dispute illustrating that antitrust law is used increasingly often in the high tech sector in China.
In several merger cases in this sector, China's merger control agency – the Ministry of Commerce (MOFCOM) – has imposed conditions to its approval, for example in the two hard disk drive cases, in Google's acquisition of Motorola Mobility and in the ARM/G&D/Gemalto joint venture. Moreover, litigation between China's internet companies including Qihoo, Tencent and Baidu has increased.
This presentation aims to describe the current state of affairs regarding the application of antitrust law in the high tech industry, and to provide a few recommendations for companies going forward.
Hogan Lovells 11/F, One Pacific Place 88 Queensway Admiralty, Hong Kong