Telecommunication and Competition Law in India and EU: A Comparative Excursus | Original Article
Harmonizing intellectual property and competition law is conundrum in telecommunications industry, backed by research and development (RD). Though invention patents confer ‘micro monopoly’, dominance by virtue of RD, first mover advantage and patent rights give the incumbent a ‘macro monopoly’ in the relevant market.Standard Essential Patents (SEPs)on chipsets in smart phones enhance monopoly but, unfair licensing throws up inevitable questions on competition law. India and European Union have been active in this regard. Dynamic competition led byinnovation creates conflict between legitimate and questionable practices. Hence, the present paper attempts to identify such trends in the compared jurisdictions. Firstly, the jurisprudence on convergence and divergence between both laws is analysed. Secondly, the legislative and judicial framework has been studied. Thirdly, the differences in approach and issues like determining relevant market and abuse of dominance are analysed. Lastly, while innovation is crucial, there are antitrust concerns to be reckoned with and suitable suggestions have been made.