Research On Antitrust Regulation Of Excessive Pricing Behavior Of Standard Essential Patent

At present,the competition in the knowledge economy is exceptionally fierce,and standard-essential patents have become an essential tool for market players to participate in market competition.The combination of standards and patents has greatly strengthened the market exclusivity of patent rights.The excessive pricing behavior of standard essential patentees will seriously undermine the order of free competition in relevant markets.In China,compared with the adjustment path of private laws such as contract law and patent law,it is more feasible to apply anti-monopoly law to regulate the excessive pricing behavior of standard-essential patents.Through the analysis of the practice of anti-monopoly regulation on the excessive pricing of standard-essential patents in China,it is found that because China 's anti-monopoly rules are not complete enough,the key issues have not been clarified as to whether the FRAND principle has the binding force in the sense of anti-monopoly law,and whether the charging mode based on the overall selling price is "illegal in itself",and whether the public authority can directly determine the licensing conditions in the process of dispute settlement.These uncertain factors will affect anti-monopoly law's regulation effect of the excessive pricing behavior of standard-essential patents.Through the review of the theory and practice of anti-monopoly regulation of the excessive pricing behavior of standard-essential patents in the United States and the European Union,combine that with China's actual situation,so this thesis considers that at the level of regulatory concept,the application of anti-monopoly regulation to the excessive pricing behavior of standard-essential patents should strictly follow the basic analytical framework of anti-monopoly law;the FRAND principle can only serve as directional guidance;it is necessary to consider the charging basis in combination with the licensing rate in a case,and comprehensively analyze its impact on the relevant market competition to decide whether taking the overall selling price as the charging basis constitutes excessive pricing or not;in the process of dealing with the anti-monopoly cases of standard-essential patents,the public authority should always exercise restraint and avoid excessive intervention.At the level of institutional improvement,China can learn from extraterritorial experience and explore the particular anti-monopoly guidelines for standard-essential patents,and stipulate the special elements which should be considered in the application of anti-monopoly regulation on the excessive pricing behavior of standard-essential patents,especially emphasizing the application of the entire market value rule and the apportionment rule in case analysis.