Open Access

Vicente Zafrilla Díaz-Marta

• This thesis explores whether competition law can and should address the effects of deviations from the duty of disclosing Standard Essential Patents (SEPs). The answer is a partial "yes" to both questions. Over and under-disclosure of SEPs occur for reasons beyond mere opportunism. The definition of essentiality is evolving. Technological changes and the complex nature of standardization often lead to mismatches in patent-holder knowledge and market knowledge. Disclosure practices vary widely based on the rules of Standard Development Organizations (SDOs). Deviations from disclosure of SEPs may merit competition law intervention. Anti-competitive effects can arise from under-disclosure, such as patent ambushes or exclusion of superior technologies, and over-disclosure, which can lead to royalty stacking. Competition law under Article 102 TFEU can intervene in some cases, though addressing over-disclosure is challenging. To improve SEP disclosure systems, the thesis proposes aThis thesis explores whether competition law can and should address the effects of deviations from the duty of disclosing Standard Essential Patents (SEPs). The answer is a partial "yes" to both questions. Over and under-disclosure of SEPs occur for reasons beyond mere opportunism. The definition of essentiality is evolving. Technological changes and the complex nature of standardization often lead to mismatches in patent-holder knowledge and market knowledge. Disclosure practices vary widely based on the rules of Standard Development Organizations (SDOs). Deviations from disclosure of SEPs may merit competition law intervention. Anti-competitive effects can arise from under-disclosure, such as patent ambushes or exclusion of superior technologies, and over-disclosure, which can lead to royalty stacking. Competition law under Article 102 TFEU can intervene in some cases, though addressing over-disclosure is challenging. To improve SEP disclosure systems, the thesis proposes a two-step approach: an early blanket disclosure to prevent ambushes, followed by a specific disclosure once the standard and patent are established. This approach would help ensure accuracy without imposing excessive burdens. While changes to disclosure rules should primarily be made by SDOs, the European Commission might intervene under Article 101 TFEU in certain cases prevent anti-competitive effects in technologies governed by network effects.…