Law and Innovation

This article originally appeared on  IP Flow  at  http://mimesislaw.com/category/ipflow   The European Commission (EC) antitrust team and Google are continually at loggerheads. The latest: a   formal antitrust complaint   over Android and another separate complaint on prioritization of shopping search results. This investigation is the second major case between the two frenemies.     What’s going on ? The EC is claiming that Google has abused its dominant position by imposing restrictions on Android device manufacturers and mobile operators and by promoting its services and apps. To be in a dominant position in Europe is not in itself illegal, but the company has a special responsibility to ensure that its conduct does not distort competition ( Article 102 TFEU ). What kind of business practices the EC is objecting to ? As explained in the  complaint , Google breaches EU antitrust rules by: “Requiring manufacturers to pre-install...

Fresh and interesting article posted on Re/code about the EU legislative agenda to regulate Internet companies and to prime European firms to better compete with U.S. tech heavyweights. Happy reading! "Tomorrow, when Silicon Valley wakes up, its newest fracas with Europe will be well under way. On Wednesday, European Commission Vice President Andrus Ansip is expected to reveal the “Digital Single Market” strategy , a legislative agenda to regulate Internet companies and to prime European firms to better compete with U.S. tech heavyweights. Basically, they’re trying to give homegrown firms a fighting chance against established American companies. This is different than the European Union antitrust probes into Google , which launched last month. For one, it’s not about slapping wrists when a company crosses a line. Instead — and this is what U.S. tech companies fear — it’s a bid to move the entire line back. Also, it’s not just Google. The regulation is likely to st...

Fresh and interesting memo posted on the European Commission's website about frequently asked questions concerning these antitrust decisions on standard essential patents (SEPs) - Motorola Mobility and Samsung Electronics. I also recommend you this   Beginner's Guide To Standards-Essential Patent, Standard-Developing Organizations And [F]RAND Terms In The Smartphone Patent Wars. Happy reading and learning!  " What is an injunction? An injunction is a court order aimed at preventing the continuation of a patent infringement. Generally, it includes the prohibition to sell the product infringing the patent. Such injunctions can be preliminary – as a precautionary measure typically for the time of the assessment of the case on the merits by the court. Injunctions can also be permanent as a result of the decision on the merits by a court. What is a standard essential patent (SEP)? SEPs are patents essential to implement a specific industry standard.  Thi...

J oaquin Almunia's circular picture is probably hanging in Google's EU Headquarter with a dart in the center of his nose... with the eyes the next potential target... More than two years ago, in November 2010, the European Commission  decided to open an antitrust investigation into allegations that the Internet giant has abused a dominant position in online search (in violation of Article 102 of the Treaty on the Functioning of the European Union). Its core role is the regulation of monopolies. Although dominance alone is not an abuse, a company in a dominant position has a special responsibility to ensure that its conduct does not impair the competition. As of March 2013, in Europe , Google controlled 93% of the search engine market, over 97% of mobile search and 87% of search advertising revenue [1] . Even though I am a lawyer and I am not supposed to understand numbers (that's for engineers), it looks like Google nailed all the competit...