Huawei./. ZTE, or, how the CJEU closed the orange book

Abstract

The interface between intellectual property law and competition law is complicated. The interaction between prohibited abuse of market power under EU competition law and national intellectual property rights has been a perennial issue for courts on both the EU and the member-state level. The issue became even more complicated by the ongoing standardization movement which raised concerns about the anticompetitive nature ofstan-dardization agreements and possible implications for compulsory licensing. The practical question was the availability ofinjunctive relieffor infringements ofpatents that are essential to an established market standard. In July 2015, the Court of Justice of the European Union put an end to the simmering conflict between the European Commission and German patent litigation courts. The new ruling Huawei./.ZTE is ground breaking and transcends the borders ofcompetition law, partially harmonizing patent litigation practice in Europe.