CCIA Expresses Disappointment In Flawed 9th Circuit Qualcomm Decision

August 11, 2020

Washington — The 9th Circuit today overturned a district court decision by Judge Lucy Koh, holding that Qualcomm had not violated the antitrust laws by refusing to license competitors in violation of its contractual obligation to do so, by refusing to sell chips unless the customer first took a patent license, and by engaging in exclusive dealing agreements to prevent competitors from gaining a toehold in the market.

The following can be attributed to CCIA Patent Counsel Joshua Landau:

“Judge Koh’s opinion detailed how Qualcomm’s anticompetitive business practices have driven its competitors out of the modem business and raised prices in the cellular industry. The 9th Circuit ignored those factual findings and greenlit Qualcomm’s anticompetitive business practices.

CCIA is disappointed in the 9th Circuit’s deeply flawed decision and hopes that the Federal Trade Commission will ask for review en banc to correct the numerous errors in the panel opinion.”

Related Articles

CCIA Offers Comments On Saudi Arabia’s Draft Regulations For Digital Platforms

Washington – The Computer & Communications Industry Association submitted comments to Saudi Arabia’s Communications & Information Technology Commission on its proposed Draft Competition Regulations for Digital Content Platforms. CCIA recommended gathering more information including from various stakeholders to fully understand market dynamics and cautioned that overly burdensome regulations aimed to carve out particular market players…

CCIA Submits Comments To Turkish Competition Authority

Washington – The Turkish Competition Authority is working on an amendment to the country’s “Protection of Competition Law” in an attempt to address potential competition and regulatory issues in digital markets. The Computer & Communications Industry Association (CCIA) filed comments  recommending more research into whether there are market distortions that need to be addressed by…