The Commission announced on 24 November 2009, that it has closed formal proceedings against Qualcomm, a US chipset manufacturer, for alleged breaches of Article 82 EC (now Article 102 TFEU).
The investigation into potential anti-competitive behaviour began in October 2007, following a series of complaints that Qualcomm had abused its dominant position. In particular, it was alleged that Qualcomm had imposed terms that were not fair or reasonable in relation to the licence terms and conditions for the use of its intellectual property rights for mobile phone technology.
The Commission stated that this case raised important considerations in relation to the pricing of technology once it has become part of an industry standard. The initial investigation centred on whether the royalties that Qualcomm had been charging for its patented technology were unreasonably high; the Commission considered that antitrust authorities have to be careful about overturning commercial agreements.
MEMO/09/516 – 24 November 2009