Samsung set to face anti-trust probe by EC

Samsung is set to face yet more legal woes as the European Commission (EC) has launched an anti-trust investigation to establish whether the manufacturer violated commitments given to the European Telecommunications Standards Institute (ETSI).

In a statement, the EC said it was concerned about Samsung's conduct over mobile wireless standards and its attempts to enforce patent rights with competitors such as Apple.

"In 2011, Samsung sought injunctive relief in various member states' courts against competing mobile device makers based on alleged infringements of certain of its patent rights which it has declared essential to implement European mobile telephony standards," the Commission noted in a statement.

"The Commission will investigate, in particular, whether in doing so Samsung has failed to honour its irrevocable commitment given in 1998 to the European Telecommunications Standards Institute (ETSI) to license any standard essential patents relating to European mobile telephony standards on fair, reasonable and non-discriminatory (FRAND) terms."

Florian Mueller, patent specialist, noted Samsung could find itself in hot water with the EC for trying to enforce its wireless patent rights.

"So far, Samsung's attempts to enforce a minimum of 13 different allegedly 3G-essential patents against Apple haven't been successful. In Germany, Samsung has already lost its first two lawsuits over such patents," he noted on the Foss Patents blog.

"Previously, a Dutch court dismissed a Samsung motion for an injunction because it held Samsung to have failed to honour a FRAND licensing commitment. Bids for preliminary injunctions against the iPhone 4S failed in France and Italy. The EC can't wait until Samsung finally wins a ruling based on such a patent and enforces it."

Mueller also suggested that other firms including Motorola Mobility, which has won an injunction against Apple relating to patents, could also be subject to investigation.

Earlier today, Samsung failed in its attempt to overturn an injunction on the Galaxy Tab 10.1 in German courts. The firm was told that its 8.9in model is also subject to an injunction.