BRUSSELS--European Union regulators said late Friday they had
made a formal complaint against Samsung Electronics Co. (005930.SE)
over its past use of injunctions against Apple Inc. (AAPL)
The complaint, known as a statement of objections, was widely
expected, with EU officials saying Thursday it would come in the
next few weeks.
In a statement, European Competition Commissioner Joaquin
Almunia said while the use of injunctions is a fair remedy for
patent infringements "such rights should not be misused when they
are essential to implement industry standards, which bring huge
benefits to businesses and consumers alike."
"When companies have contributed their patents to an industry
standard and have made a commitment to license the patents in
return for fair remuneration, then the use of injunctions against
willing licensees can be anti-competitive," Mr. Almunia said in a
statement.
The European Commission in January began investigating Samsung,
saying it suspected the company of breaking EU competition rules by
suing competitors for their use of key technologies for which
Samsung holds the patents. The commission said at the time it
believed Samsung had previously committed to allowing competitors
to use those technologies under "fair and reasonable terms," since
they are essential to applying industry standards such as Third
Generation, or 3G, wireless networks.
Earlier this week, Samsung decided to withdraw its legal
injunctions in Europe against Apple. At a press conference
Thursday, Mr. Almunia welcomed that but said past possible abuses
would still come under scrutiny.
The Korean electronics firm Tuesday abandoned attempts to seek
sales bans on Apple's iPhone and iPad in Europe using patents
related to wireless standards, in a move seen as an attempt to
placate regulators. The withdrawal came on the heels of a
California judge's refusal to block sales of dozens of Samsung
mobile devices that a jury this summer found violated numerous
Apple patents.
Under EU procedures, Samsung now has the right to reply to the
EU's concerns or seek a hearing. A final decision will be made only
after that. The commission stressed that the sending of a statement
of objections "does not prejudge the final outcome" of the
probe.
Apple and Samsung have been locked in a global, legal war over
mobile-device patents as they try to get rival products pulled from
the shelves. Such injunctions are used by legal combatants to
pressure their opponents, or gain leverage in settlement
negotiations.
On Friday, the commission said it is in close contact with the
U.S. Department of Justice and the U.S. Federal Trade Commission on
issues relating to standard essential patents.
In August, a U.S. court awarded Apple $1.05 billion in damages
after a jury found Samsung guilty of copying critical features of
the iPad and iPhone. Samsung uses Google Inc.'s (GOOG) Android
operating system for its devices.
Write to Laurence Norman and Vanessa Mock at
Laurence.norman@dowjones.com
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