Zenith CC&P Current Awareness

No jurisdiction to hear patent licensing competition claim against Philips

23 October 2019

Prof. Suzanne Rab

Zenith's Prof Suzanne Rab writes:

The High Court has upheld applications by the defendants in a claim alleging abuse of dominance in breach of Article 102 TFEU and the Chapter II prohibition concerning licensing of standard essential patents.

The claimants (Vestel UK) alleged that Advance Limited (Advance), and Koninklijke Philips NV (Philips), infringed competition law by offering licences for patents, essential in the manufacture of televisions, on terms that were not fair, reasonable and non-discriminatory.

The High Court concluded that it did not have jurisdiction in relation to Vestel's claim against Philips under Article 7(2) of the Recast Brussels Regulation.  It had not been established that Vestel has suffered or will suffer damage as a result of the pleaded abuse.

As to Advance, the High Court concluded that the claimants had not shown that any of the jurisdictional gateways in CPR Practice Direction 6B had been satisfied. It had not been established that any damage would be sustained in England.

Vestel Elektronik Sanayi VE Ticaret AS and Vestel UK Limited v HEVC Advance LLC and Koninklijke Philips NV [2019] EWHC 2766 (Ch)

Current Awareness

By the CC&P team