The European Commission started
investigations Tuesday on whether Motorola Mobility Inc., now a
subsidiary of Google, has violated relevant E.U. anti-trust laws by
hindering competitors from gaining access to certain patents.
The case was conducted at request of Apple and Microsoft, both
competitors of Motorola Mobility, as they complained to the
Commission that Motorola Mobility had been using injunctions against
their key products like iPhone and Xbox.
The European Commission will investigate whether Motorola has
failed to honor its irrevocable commitments made to standard setting
organizations, and also assess the allegation by both Apple and
Microsoft that Motorola offered unfair licensing conditions for its
standard-essential patents in breach of EU laws.
Joaquin Almunia, Vice-President of the European Commission and
Commissioner responsible for competition, said last week in
Washington that he was considering whether to open the
investigation.
"I am considering whether we need to investigate these complaints
formally to help bring more clarity into this area of competition
control," he said.
"The holders of standard-essential patents have considerable
market power. This market power can be used to harm competition ...
I don't need to tell you that this is unacceptable, and I am
determined to use antitrust enforcement to prevent such hold-up by
patent holders," Almulnia said.
The European Commission also issued a warning towards Google when
it approved the $12.5 billion acquisition in February.
