After the 14-month-long investigation,China’s National Development and Reform Commission(NDRC)1finally posted information on its official website to the effect that it ordered Qualcomm Incorporated(Qualcomm)2to make rectification for its monopolistic conduct and imposed on it a fine of 6 billion yuan.Since this case
作者(Author): 时建中;ZHANG Lei;YANG Wei;
- 1 In China,the three agencies designated by the State Council are responsible for antitrust enforcement,namely:(1)the National Development and Reform Commission,mainly responsible for the law enforcement against price fixing;(2)the Ministry of Commerce,mainly responsible for antitrust review of the concentration of business operators;and(3)the State Administration for Industry and Commerce,mainly responsible for the law enforcement against monopolistic conducts other than price fixing.
- 2 Founded in July 1985,Qualcomm Incorporated is an American wireless communication technology research and development company,with CDMA and LTE in leading position.Its customers have involved all manufacturers of telecommunication equipment and consumer electronic devices in the world.See QUALCOMM’S OFFICIAL WEBSITE,at https://www.qualcomm.com/company(Last visited on March 3,2015).
- 3 As early as 2009,the second year after the passing of Anti-Monopoly Law,there was a tip-off from two American companies to NDRC that Qualcomm alleged implementation of monopoly.Since then,Qualcomm has entered into the view of antimonopoly investigation.After 2013,Chinese companies,law firms and other companies in Asia also reported Qualcomm to NDRC.Besides,there were still some tip-offs from other American companies.
- THE WRITTEN DECISION OF ADMINISTRATIVE PENALTY,at http://jjs.ndrc.gov.cn/fjgld/201503/t20150302_666170.html(Last visited on May 12,2015).
- “Tie-in sale”refers to an unfair sale practice in which a business operator bundles other undesirable commodities with a hotvsale commodity.
- QUALCOMM AND CHINA’S NATIONAL DEVELOPMENT AND REFORM COMMISSION RESEARCH RESOLUTION,at https://www.qualcomm.com/#/news/releases/2015/02/09/qualcomm-and-chinas-national-development-and-reform-commissionreach(Last visited on May 12,2015).
- The Annual Report of Qualcomm,at 11.
- Supra note 5.
- According to relevant resources,Qualcomm required royalty rate,about 3%,for CDMA from Chinese enterprises;for WCDMA,the royalty rate is about 5%;and for LTE,it is about 4%.These royalty rates all take the net selling price of the device for wholesale of licensees’wireless communication terminals as the calculation base.
- The report of working group of UMTS IPR,Industry Reflection Period Report of the UMTS IPR Working Group:P5/P10.
- See the report of manufacturers’statements:Industry leaders NTT Do Co Mo,Ericsson,Nokia and Siemens,and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwide:P1-2.
- Cornell University v.Hewlett-Packard Co.,Lucent Techs.,Inc.v.Gateway,IP Innovation L.L.C.v.Red Hat,Inc.,Laser Dynamics Inc.v.Quanta Computers,GPNE Corp.v.Apple,Inc.and so forth.
- The judgment of GPNE Corp.v.Apple,Inc case in April 2014(No.12v C-02885-LHK,2014 WL 1494247)