Region: Germany

Three key takeaways from how the new disproportionality defence is affecting SEP infringement cases

Featured in SEP/FRAND Hub

The Munich Regional Court has clarified its stance on the hot topic in German patent litigation, ruling on the new defence in three parallel SEP cases, providing welcome clarity for future litigation strategies.

22 March 2023

“Blood will be spilt” over DMA’s compatibility with Germany’s Section 19A, lawyer says

Lawyers have warned that overlaps between the EU’s Digital Markets Act and Germany’s enhanced competition rules for digital gatekeepers will likely need to be resolved by the European Court of Justice.

10 March 2023

Germany agrees divestment remedies in dairy deal without upfront buyer

Germany’s Federal Cartel Office has conditionally cleared Müller’s acquisition of various assets from rival dairy company Royal Friesland Campina, after straying from its commitment guidelines that say it will only accept structural remedies with an upfront buyer.

22 February 2023

Germany settles with road construction cartel

Germany’s competition authority has fined four construction companies almost €1 million for rigging hundreds of road construction tenders organised by the city of Dortmund.

15 February 2023

The ‘FRAND dance’: what it is and why it is causing uncertainty in Germany

Featured in SEP/FRAND Hub

The lack of detailed guidance for FRAND negotiations in the Federal Court of Justice’s Sisvel v Haier judgments is still causing problems today. German lower courts are being forced to fill in the gaps, which is resulting in diverging case law among the main courts.

14 February 2023

How Sisvel v Haier transformed the German FRAND landscape

Featured in SEP/FRAND Hub

Nearly three years after the German Federal Court of Justice’s landmark decisions, the impact is still being felt across the SEP ecosystem – by patent holders and implementers alike.

07 February 2023

Germany sends chargesheet to group of medical associations

Germany’s competition authority has alleged that a syndicate of associations representing medical aid providers unlawfully banded together across the country to force health insurers to charge higher prices for their products.

25 January 2023

Germany opens MFN probe into PayPal

Germany’s Federal Cartel Office is investigating if PayPal abuses its dominance through the use of most-favoured-nation clauses that restrict competition in the online payments market.

23 January 2023

Conflicting interests: refusing NDAs in FRAND negotiations

Featured in SEP/FRAND Hub

Düsseldorf courts provide clarity on the consequences of failing to agree on an NDA. While it is generally incumbent on implementers to negotiate and conclude an NDA with the SEP holder, refusal to enter into one does not necessarily make the implementer a non-willing licensee.

12 January 2023

New year, new titles for several antitrust lawyers

Dechert, Commeo and Barbosa Müssnich & Aragão Advogados have strengthened their respective partnerships in Brussels, Frankfurt and São Paulo, while Actecon has promoted two senior associates to counsel in Istanbul.

11 January 2023

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