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(October 1, 2007) – Broadcom, Ericsson, NEC, Nokia, Panasonic
Mobile Communications and Texas Instruments welcome the continuation of
the investigation by the European Commission into complaints regarding
anti-competitive practices by Qualcomm. While each company has made an
individual complaint, they share concerns about Qualcomm’s practices.
The companies believe that these practices are harmful to the mobile telecommunications
industry globally and, in particular undermine confidence in standards-setting
processes, threaten the supply of WCDMA chipsets, impede innovation, and
raise the costs of third-generation (3G) technology and handsets. As a
result, carriers and consumers face higher prices and fewer choices.
The
complaints refer to Qualcomm's breach of European Union (EU) competition
law and failure to meet the commitments it made to international standard-setting
organisations that it would license its declared essential patents on
fair, reasonable and non-discriminatory terms. Without these commitments,
WCDMA technology would not have been commercially implemented as part
of the UMTS 3G standard in Europe and elsewhere. The companies alleged
that Qualcomm has violated EU competition rules by charging disproportionate
and discriminatory royalties for its declared WCDMA essential patents.
They also stated that Qualcomm violates those rules by trying to exclude
competing manufacturers of chipsets for mobile phones from the market
and to prevent others from entering. These actions, in addition to breaching
the European Union's competition law, are in breach of Qualcomm’s
commitments to standard-setting bodies.
The
Commission has decided to allocate priority to the continuing investigation
following the lodging of the complaints in October 2005. The companies
welcome this decision and confirm their continued cooperation with the
European Commission.
Note to
editors: The following quotes about the EC’s decision are from each
of the companies that filed formal complaints.
Broadcom: “"Broadcom welcomes the Commission's decision to
continue its investigation of Qualcomm's practices. The decision underscores
the significant policy issues at stake and the importance of ensuring
the future viability both of industry standards-setting processes and
of a level playing field for competing providers of chipsets and intellectual
property in the 3G space, which Qualcomm’s conduct otherwise threatens
to undermine. We believe that the EC plays an important role, in our case
and others, in ensuring conditions where fair competition helps promote
product innovation and technology advancements that ultimately benefit
consumers in Europe and throughout the world. The decision demonstrates
Europe's continuing desire to foster a competitive environment that will
stimulate continued growth in the global information economy." --
David A. Dull, Senior Vice President, Business Affairs, and General Counsel,
Broadcom Corporation.
Ericsson: "The success of a standard depends on the essential patent
holders honouring their FRAND commitments. In this case, a single patent
holder -- Qualcomm -- is charging royalty rates much higher than other
essential patent owners. If the other patent holders were to do as Qualcomm
is doing, royalties could raise the cost of WCDMA handsets considerably
-- thus raising the prices to consumers. Ericsson is pleased the Commission
has decided to continue its investigation of this case." -- Kasim
Alfalahi, Vice President, Patent Licensing, Ericsson.
NEC: "NEC welcomes the European Commission's continuation of its
investigation as a step forward in solving the issues raised by Qualcomm's
anti-competitive business practices. NEC will continue to cooperate fully
with the investigation by the European Commission." -- Hideyuki Ogata,
Vice President, Intellectual Asset Management Unit, NEC Corporation.
Nokia: "The proper functioning of standardization requires that companies
whose patented technology is adopted into a standard commit to licence
these patents on fair, reasonable and non-discriminatory terms. Breaking
these commitments compromises the whole standardization process, stifles
innovation and harms consumers. We welcome the European Commission's continuation
of the investigation into Qualcomm's business conduct." -–
Tero Ojanpera, Chief Technology Officer, Nokia.
Panasonic: “Panasonic Mobile Communications fully supports the European
Commission’s investigation into Qualcomm’s anti-competitive
behaviour and disproportionate royalty rates in the mobile telecommunications
sector. It is essential for both current and future standards that companies
which commit to license their technologies on fair, reasonable and non-discriminatory
terms adhere to those commitments.” -- Yoshiaki Tokuda, Director,
Intellectual Property Center, Panasonic Mobile Communications Co., Ltd.
Texas
Instruments: "We commend the Commission for deciding to continue
its investigation. TI attaches great importance both to IP protection
and to the creation of open standards. Where leading technology companies
have agreed to contribute intellectual property and inventive genius to
a standard, there is no room for exclusionary and discriminatory practices."
– Joseph F. Hubach, Senior Vice President and General Counsel, Texas
Instruments Incorporated.
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