Topic: With Huawei Technologies/ZTE, the CJEU has established a binding procedure for licensing negotiations. Despite an intensive debate about the doctrine’s implementation and numerous national precedents, many issues are still unresolved. The controversy concerns the requirements for FRAND conduct, but also the consequences of FRAND violations. A closer look at the economic and game-theoretical fundaments of the Huawei Technologies/ZTE roadmap, in particular the conception of a channeling of the parties‘ negotiation strategies in the “shadow” of impending judicial sanctions, helps to better understand the CJEU‘s doctrine and provides practical answers to many open questions.
https://www.uni-kassel.de/fb07/iwr/infothek/colloquium-recht-oekonomie
