Abstract
This article critically assesses the tendency of arbitration of antitrust claims dealing with FRAND-related disputes. The findings indicate that the issuance of anti-antitrust injunction in Nokio v Continental is open for global battle to determine the FRAND rates between SEP holders and standard implementers, thus might confiscate contractual arbitration agreement.
| Original language | English |
|---|---|
| Pages (from-to) | 513-518 |
| Number of pages | 6 |
| Journal | European Competition Law Review |
| Volume | 43 |
| Issue number | 11 |
| Publication status | Published - 20 Oct 2022 |
Bibliographical note
This is a pre-copyedited, author-produced version of an article accepted for publication in European Competition Law Review following peer review. The definitive published version Liu, M 2022, 'Anti-suit injunction: paving the way to arbitration of antitrust claims?', European Competition Law Review, vol. 43, no. 11, pp. 513-518. <https://uk.westlaw.com/Document/I7332FE10450811ED8A0C84EBFC03863E/View/Fullis available online on Westlaw UK.
This policy applies only to articles based on Publicly Funded Research from qualifying public funding organisations. For all other articles a 12-month embargo applies from publication to distribution on public/OA repositories.
Keywords
- anti-suit injunvtions
- Arbitration
- arbitration agreements
- competition law
- EU law
- Germany
- United Kingdom
