FRAND & Competition Law

Intellectual property disputes can often encompass aspects of competition law and other commercial law elements, and members of chambers have extensive experience in handling cases involving associated commercial and competition law issues.

8 New Square members offer unrivalled experience in the number of leading telecoms cases they act in, with market leading expertise for cases involving FRAND rate determinations.

Five 8 New Square counsel appeared before the Supreme Court in the 2020 landmark decision of Unwired Planet v Huawei – a telecommunications dispute in which the UK court for the first time set the terms of a global FRAND licence.

Members of Chambers have since represented a significant number of clients in FRAND actions before both the High Court and Court of Appeal. These include Panasonic v Xiaomi; Interdigital v Lenovo and Optis Cellular Technology v Apple.

Members’ work in actions concerning aspects of competition law extend beyond the areas of telecoms FRAND licensing and include members of 8 New Square appearing as part of counsel teams before the Competition Appeal Tribunal. For example, members appeared in the matter of JJH Enterprises Limited v Microsoft –an abuse of dominance claim involving the second-hand software market.