Enforcing Telecoms SEPs as Abuse of Dominant Position

Telecommunications industry uses extensive standardisation to ensure interoperability between the devices of competing manufacturers. SEPs, or patents incorporated in related technical standards, are extraordinary importance industry. Hence seeking legal remedies for SEP infringements may compromise effective competition internal market and thus fall within scope Article 102 TFEU on abuse dominant position. In this paper I review, which conditions holder is allowed seek infringement without being restrained by TFEU. conclude that a position established nearly always through mere ownership, abused bringing an suit if sought remedy has direct effect access implementer does not have objective justification such remedies.