Tuesday, September 29, 2015
Liyang Hou Shanghai Jiao Tong University (SJTU) - KoGuan Law School asks The Qualcomm Decision: Protectionism? And for Whom?
ABSTRACT: This essay reviews the Qualcomm decision made by the NDRC in 2015, a case about abusing standard essential patents. It observes that this decision essentially assessed conduct of abusing dominant positions under the framework of per se illegal. As a result, it, though possibly aiming to protect domestic smartphone producers, may quickly fail its purpose.