P&A Law Offices Represented Ericsson In Supreme Court Victory On SEPs Abuse Of Dominance Case

P&A Law Offices represented Ericsson in Supreme Court victory on SEPs abuse of dominance case

P&A Law Offices represented Ericsson in the Supreme Court of India, successfully upholding the Delhi High Court’s decision quashing the investigation initiated by the Competition Commission of India (CCI) into alleged abuse of dominance by Ericsson in the licensing of standard essential patents (SEPs) for mobile communications. This landmark judgment marks the end of a decade-long CCI investigation against Ericsson in India.

While European Courts in Luxembourg and US Courts have rendered several important decisions in this area, this was the first case of its kind in India. The Supreme Court, however, left open broader legal questions regarding the interplay between the Patents Act and the Competition Act, including which area of law takes priority when the exercise of intellectual property rights raises competition law concerns—a complex issue for competition lawyers worldwide.

The P&A Law Offices team representing Ericsson before the CCI, the Delhi High Court, and the Supreme Court included Anand S. Pathak (Partner), Shashank Gautam (Partner), and Sreemoyee Deb (Partner).

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