Research On The Anti-monopoly Laws And Regulations Concerning The Concentration Of Business Operators Involved In Standard-essential Patents

With the promotion of technology and the development of innovative economy,many enterprises have changed the traditional business model and chosen the direction of "technology specialization,patent standardization,and standard monopoly",and the occurrence of mergers and acquisitions disputes and patent-oriented operator concentration with patents as the core object is increasingly frequent.In fact,the competitive advantages and technological breakthroughs that patents bring to enterprises are self-evident,and the standardization of patents can strengthen the dominant position of the enterprise itself.The product of the integration of patents and standards—standard essential patents—has become an important competitive tool for market players.The concentration of operators involved is also a hot spot for antitrust and intellectual property.In the centralized review of operators involved in the standard essential patents,in addition to the question that the traditional reporting standards are questioned and the elements of the competition assessment are too single,anti-monopoly law enforcement and justice have also encountered many special problems such as the definition of relevant markets,the determination of the competitive analysis framework,the specific application of FRAND principle in China,and the design and application of relief measures.Therefore,the anti-monopoly law should strengthen the examination and regulation of necessary patents in the standard of business concentration,to reduce or eliminate the monopoly risk brought by the concentration to the market,to prevent the chaos of the abuse of standard essential patents after concentration,the anti-monopoly law will play its proper normative role,provide relatively clear review expectations and theoretical guidance for operators and law enforcement agencies,and help enterprises to become bigger and stronger.Excluding the introduction and conclusion,this thesis consists of four parts.The main contents of each part are as follows:The first part is about the centralized anti-monopoly control of standard-essential patent operators.It mainly expounds the theoretical connection between standardessential patents,operator centralized regulation and anti-monopoly law,the problem is attributed to the concentration of antitrust regulations by operators involved in standard essential patents.The second part is about the implementation status and existing problems of the anti-monopoly review system involving standard essential patents.Reveal the problems and shortcomings in the current review of anti-monopoly regulations by showing the current document provisions,related classic cases,and the status of anti-monopoly review of standard essential patent operators.The third part is to examine the centralized review and relief system for operators involved in standard and essential patents in Europe and the United States.Through the comparative analysis of relevant documents and typical cases in the United States and the European Union,we interpret the review methods and relief measures of specific cases,summarize and draw on their advanced practical experience,and improve the relevant systems in China.The fourth part is to propose a perfect path for centralized anti-monopoly regulation involving standard essential patent operators.It mainly focuses on three aspects: adjusting the examination mode of concentration of business operators,perfecting the anti-monopoly legislation of necessary patent standards,perfecting the remedy measures and the continuous supervision mechanism.