Patent ambush: the commitment decision of the European Commission in the Rambus case, 4iP Council's research 2017, 24
Standard-setting is an essential tool for promoting technological development,
innovation and competition, resulting in significant benefits to economic systems.
Therefore, this procedure requires special attention and every attempt to impair
standardization should be addressed immediately. Patent ambush, which is illustrated by the Rambus case, is one of the actions that could negatively affect this procedure and lead to serious distortion of competition. Despite the afore-specified adverse effects, as it is demonstrated by the European Commission’s decision as of 9
December 2009 in the afore-mentioned Rambus case, the application of the
provisions of the current EU competition law is quite problematic and unclear.
Taking into consideration the afore-specified difficulties, this work aims at analysing
the issues that have risen while assessing patent ambush as an abuse of a dominant
position under the Art. 102 of the Treaty on the Functioning of the European Union
and to evaluate the arguments of the European Commission regarding the application of the latter provision.
