Smartphone Tying : A possible case of EU Competition Law infringement

Abstract

The primary goal of this thesis is to focus on analysing a hypothetical infringement of EU competition law on the topic of smartphone tying. An analysis of the criteria used to define situations of tying according to EU competition law is presented. The thesis provides a tentative case study of a possible situation of tying in the smartphone market under investigation in the EU Commission. The legal basis of this thesis is on Article 102 TFEU disregarding the tying situations that may occur under Article 101 TFEU. The thesis gives an overview of tying under EU competition law and the economic rationale behind it. The thesis examines the most relevant decisions taken by the EU Commission and EU Courts on tying illustrating the factual basis, legal background and their outcome. The main focus of the thesis is on the licensing strategies in the smartphone market. In order to better understand the question under analysis, the thesis departs from the scope of the formal EU investigations with an overview on a company’s licensing scheme. The concrete competitive analysis of the issues under investigation in the EU Commission will follow with a concrete study of the elements of tying as presented by the EU case law and doctrine. Finally, a conclusion on the possible anti-competitive behaviour is explored.