Huaweï v ZTE: Judicial Conservatism at the Patent-Antitrust Intersection

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Nicolas Petit, Oct 27, 2015

At its core, the preliminary ruling of the Court of Justice of the European Union in Huaweï v ZTE explains whether, and if so how, holders of FRAND-pledged Standard-Essential Patents  abuse a dominant position under Article 102 TFEU when they apply for an injunction and/or product recall against unlicensed implementers of their technology.

Huaweï v ZTE has several specific features. First, it is a jud