Antitrust Lawyer Blog Commentary on Current Developments

Korea Fair-Trade Commission Clears Samsung in Row with Apple

On February 26, 2014, the Korea Fair Trade Commission (KFTC) cleared Samsung with no penalty of an accusation made by rival Apple that it has abused its dominance, according a commission press release.

Apple had alleged that Samsung’s prolific litigation against Apple over patents constituted an abuse of dominance. But the KFTC said Samsung’s lawsuits did not interrupt Apple’s business, because Apple had begun filing lawsuits during negotiations between the two companies. It also said Apple did not appear to be as committed as it should have been to making the negotiations a success but that Samsung had shown its intention to negotiate by initiating different types of royalty payments.

Also, the KFTC said it appeared that Apple did not intend to pay any royalties until the lawsuits were settled.

In April 2011, Samsung filed a suit against Apple, alleging infringement of a patent on a 3G system. Then in April 2012, Apple filed a report to the KFTC alleging that Samsung’s litigation was an abuse of dominance.

 

Mark Ye
202-589-1834
mye@dbmlawgroup.com