The Commission sent a Statement of Objections (“SO”) to Motorola Mobility concerning a suspected abuse of dominant position by seeking and enforcing an injunction against Apple in Germany on the basis of Motorola Mobility’s mobile phone standard-essential patents ("SEPs"). The SO outlines the Commission’s preliminary view that while recourse to injunctions is a possible remedy for patent infringements, recourse to injunctions may be abusive where SEPs are concerned and the potential licensee has been willing to enter into a license on Fair, Reasonable and Non-Discriminatory (so-called "FRAND") terms. Standards bodies generally require members to commit to license on FRAND terms the patents that they have declared essential for a standard. Such commitment is designed to ensure effective access to a standard for all market players and to prevent "hold-up" by a single SEP holder. Motorola Mobility had given a commitment to license the SEP in question on FRAND terms when the standard was adopted in Europe. Further, Apple had agreed to accept a binding determination of the terms of the FRAND license for the SEP by a third party. The Commission considers that under the specific circumstances of this case recourse to injunctions harms competition. The Commission is concerned that the threat of injunctions, which generally involve a prohibition to sell the product infringing the patent, can distort licensing negotiations and lead to licensing terms that the licensee of the SEP would not have accepted absent this threat. This could lead to lesser consumer choice. The Commission’s preliminary view does not question the availability of injunctive relief for SEP holders outside the specific circumstances present in this case, for example in the case of unwilling licensees. Source: Commission Press Release 6/5/2013