In talks with the EU regulator

SAMSUNG: ANTITRUST CASE

21 (1)Korean electronics major Samsung is believed to be in talks with the EU regulator to settle charges that its use of injunctions against arch rival Apple breached antitrust rules. The talks came after the European Commission, which acts as EU competition regulator, told Samsung in December that it was acting unfairly by seeking injunctions against Apple over use of the essential patents. Samsung came under EU regulatory fire last year when it began seeking injunctions in various EU countries in 2011 against Apple’s use of its patents for the 3G UMTS standard despite pledging to license them on fair terms to rivals. Specifically, Samsung has been accused of misusing standard-essential patents it owns as legal weapons to gain leverage in its ongoing patent infringement disputes against Apple. Samsung, however, has a duty to license standard-essential patents to rivals under fair, reasonable and non-discriminatory terms. Apple, too, has argued that Samsung did not meet its requirements as a standard-essential patent holder. Instead, it has accused Samsung of filing lawsuits seeking injunctions against Apple devices for those patents before making a licensing offer. Samsung and Apple, the world’s top two smartphone makers by volume and sales, are locked in patent disputes in at least 10 countries as they vie to dominate the lucrative and fast-growing mobile market and win over customers with their latest technology.