Samsung under investigation for ‘abusing monopolistic power’

Karen Haslam
7 September, 2012
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Samsung is now under investigation in South Korea, accused of abusing its dominant position and disadvantaging Apple in the country.

According to the Jakarta Post report, South Korea’s Fair Trade Commission is probing Samsung in order to determine whether it is using its “monopolistic power to negotiate higher license fees from Apple”.

A similar investigation is taking place in Europe, notes the report. In Europe a watchdog is looking into whether Samsung fairly licensed its patented wireless technology to other mobile phone makers.

The patents in question are standards essential patents (SEP), a product category of patents that includes technologies that are industry standards. According to law they should be licensed under fair, reasonable, and non-discriminatory (FRAND) terms or reasonable, and non-discriminatory (RAND) terms.

Speaking at D10, Apple CEO Tim Cook said: “No one should be able to get an injunction off a standards-essential patent because the owner of the patent has the responsibility to license it on a fair, reasonable and non-discriminatory manner.”

A jury in California recently found Samsung guilty of willfully infringing Apple’s patents for the iPad and iPhone.

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