A group of world¹s biggest wireless technology firms has slammed Qualcomm for
allegedly engaging in anti-competitive conduct in the licensing of essential
patents for 3G mobile technology.
The industry giants including Broadcom, Ericsson, NEC, Nokia, Panasonic
Mobile Communications and Texas Instruments today each filed complaints to the
European Commission requesting that it investigate and stop Qualcomm¹s allegedly
unfair business practices.
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The companies claim that Qualcomm is violating EU competition law and failing
to meet the commitments it previously made to international standard bodies
around the world that it would license its technology on fair, reasonable and
non-discriminatory terms.
Without these commitments, the WCDMA 3G standard would not have been adopted,
the group argues.
"Qualcomm's anti-competitive behaviour has harmful effects for the mobile
telecommunications sector in Europe, as well as elsewhere, because carriers and
consumers are facing higher prices and fewer choices," the coalition of
companies stated.
According to the group, Qualcomm is trying to exclude competing manufacturers
of chipsets for mobile phones from the market and preventing others from
entering. The firm is accused of "a number of abuses," ranging from the refusal
to license essential patents to potential chipset competitors on fair terms, to
offering lower royalty rates to handset customers who buy chipsets exclusively
from Qualcomm.
Qualcomm also stands accused of charging royalties for its WCDMA essential
patents that are "excessive and disproportionate"; in particular by imposing the
same royalty rate on WCDMA 3G handsets as it does for CDMA2000 3G.
"Major telecommunications equipment companies on three continents are
standing up and saying that Qualcomm's business practices are unfair,
anti-competitive and ultimately illegal. Qualcomm's illegal practices stifle
competition and ultimately hurt the consumer," said David Dull, senior vice
president, business affairs; general counsel; and secretary, Broadcom.
This view was echoed by Kasim Alfalahi, vice president IPR licensing and
patents, Ericsson: "Qualcomm committed to standard setting organisations that it
would license its technology on fair, reasonable and non-discriminatory terms.
In spite of this and in breach of competition law, Qualcomm is charging
excessive and disproportionate royalties. This means ultimately that consumers
may have to pay more than they should for their mobile handsets."
"Qualcomm's anti-competitive licensing practices and excessive royalties are
restricting innovation and the development of 3G mobile telephony to the
detriment of consumer choice," added Botaro Hirosaki, senior vice president,
NEC.
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