The Radio Spectrum Policy Group’s (RSPG) Nov. 12 opinion on the upper 6-GHz band
is framed as a long-term strategic vision for Europe’s digital future. But its
practical effect is far less ambitious: it grants mobile operators a cost-free
reservation of one of Europe’s most valuable spectrum resources, without
deployment obligations, market evidence or a realistic plan for implementation.
> At a moment when Europe is struggling to accelerate the deployment of digital
> infrastructure and close the gap with global competitors, this decision
> amounts to a strategic pause dressed up as policy foresight.
The opinion even invites the mobile industry to develop products for the upper
6-GHz band, when policy should be guided by actual market demand and product
deployment, not the other way around. At a moment when Europe is struggling to
accelerate the deployment of digital infrastructure and close the gap with
global competitors, this decision amounts to a strategic pause dressed up as
policy foresight.
The cost of inaction is real. Around the world, advanced 6-GHz Wi-Fi is already
delivering high-capacity, low-latency connectivity. The United States, Canada,
South Korea and others have opened the 6-GHz band for telemedicine, automated
manufacturing, immersive education, robotics and a multitude of other
high-performance Wi-Fi connectivity use cases. These are not experimental
concepts; they are operational deployments generating tangible socioeconomic
value. Holding the upper 6- GHz band in reserve delays these benefits at a time
when Europe is seeking to strengthen competitiveness, digital inclusion, and
digital sovereignty.
The opinion introduces another challenge by calling for “flexibility” for member
states. In practice, this means regulatory fragmentation across 27 markets,
reopening the door to divergent national spectrum policies — precisely the
outcome Europe has spent two decades trying to avert with the Digital Single
Market.
> Without a credible roadmap, reserving the band for hypothetical cellular
> networks only exacerbates policy uncertainty without delivering progress.
Equally significant is what the opinion does not address. The upper 6-GHz band
is already home to ‘incumbents’: fixed links and satellite services that support
public safety, government operations and industrial connectivity. Any meaningful
mobile deployment would require refarming these incumbents — a technically
complex, politically sensitive and financially burdensome process. To date, no
member state has proposed a viable plan for how such relocation would proceed,
how much it would cost or who would pay. Without a credible roadmap, reserving
the band for hypothetical cellular networks only exacerbates policy uncertainty
without delivering progress.
There is, however, a pragmatic alternative. The European Commission and the
member states committed to advancing Europe’s connectivity can allow controlled
Wi-Fi access to the upper 6-GHz band now — bringing immediate benefits for
citizens and enterprises — while establishing clear, evidence-based criteria for
any future cellular deployments. Those criteria should include demonstrated
commercial viability, validated coexistence with incumbents, and fully funded
relocation plans where necessary. This approach preserves long-term policy
flexibility for member states and mobile operators, while ensuring that spectrum
delivers measurable value today rather than being held indefinitely in reserve.
> Spectrum is not an abstract asset. RSPG itself calls it a scarce resource that
> must be used efficiently, but this opinion falls short of that principle.
Spectrum is not an abstract asset. RSPG itself calls it a scarce resource that
must be used efficiently, but this opinion falls short of that principle.
Spectrum underpins Europe’s competitiveness, connectivity, and digital
innovation. But its value is unlocked through use, not by shelving it in
anticipation that hypothetical future markets might someday justify withholding
action now. To remain competitive in the next decade, Europe needs a 6-GHz
policy grounded in evidence, aligned with the single market, and focused on
real-world impact. The upper 6-GHz band should be a driver of European
innovation, not the latest casualty of strategic hesitation.
--------------------------------------------------------------------------------
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Tag - Mobile
BRUSSELS — Lawmakers in the European Parliament’s legal affairs committee have
voted to go ahead and sue the European Commission for axing a proposal to
regulate patent licensing.
The JURI committee on Tuesday voted in favor of referring the Commission to the
Court of Justice of the European Union for breaching EU law by withdrawing a
proposal to regulate standard essential patents.
The patents, for 4G and 5G networks used in mobile phones and connected cars,
have been at the center of a long-running battle between the companies that own
them and those that use them. European lawmakers have supported efforts to
resolve the fight — and some accuse the EU executive of attacking democracy by
killing off the initiative.
President Roberta Metsola now needs to mandate the Parliament’s legal service to
draft and file a case by Nov. 14, a Parliament official said, citing rules of
procedure. If she intends to depart from JURI’s conclusions, she could also
bring it to the Conference of Presidents or, in an unlikely scenario, submit it
to a plenary vote, they added.
Fourteen MEPs voted in favor of the action, against eight who opposed it, the
official said. The vote was held behind closed doors.
The motion was spearheaded by German Social Democrat René Repasi, coordinator
for the Committee on Legal Affairs and standing rapporteur for disputes
involving the Parliament.
“With today’s vote, we send a clear message: we will not stand by when the
Commission oversteps its mandate,” Repasi said in an emailed statement following
the vote.
“The Commission’s right to withdraw a proposal, as was conducted with the
Standard-Essential Patents (SEP) proposal, cannot be used as a political
instrument to short-circuit Parliament’s work or to enforce a deregulation
agenda from above. This is not in line with how the democratic processes in the
European Union are meant to function.”
Members of the European People’s Party, the center-right party allied to
Commission President Ursula von der Leyen, were instructed to vote against
taking legal action.
“Today’s vote reflects Parliament’s concern about the balance of powers between
EU institutions, but we must be clear: This legal action will not bring back the
withdrawn legislative proposal,” Adrián Vázquez Lázara, the EPP’s lead on the
issue, told POLITICO.
While he acknowledged that the withdrawal of the SEP bill raised some question
marks, Vázquez Lázara said that legal action was not the right solution.
“What can be questioned, however, is the wording and justification used in this
specific withdrawal, which raises legitimate concerns about institutional
transparency and communication,” Vázquez Lázara said. “Those Members who wish to
see the proposal revived should seek political and legislative avenues to
achieve that goal, rather than resorting to institutional confrontation.”
Patent implementers, which historically supported the regulation and range from
carmakers to Big Tech companies and SMEs, cheered the move.
“There is still hope for democracy and fairness in the EU legislature,” said
Evelina Kurgonaite of the Fair Standards Alliance, which represents the patent
users. “We thank MEP [Marion] Walsmann and other JURI members for their
leadership in fighting for a fair chance at innovation for businesses in
Europe, especially SMEs.”
The Commission declined to comment.
The “anonymous” location data of EU officials in Brussels is up for sale,
according to a joint investigation by European media outlets.
Three senior officials working for the EU were identified as part of an
investigation into phone location data being sold by data brokers. Other phones
were located in NATO sites and Belgian military bases.
The European Commission has recognized the “worrying conclusions” of the
investigation and, as a result, told investigating outlets that it has “issued
new guidance to its staff regarding ad tracking settings on business and home
devices, and has informed other Union entities.”
The investigation was conducted by L’Echo, Le Monde, German public broadcasters
(BR / ARD), Netzpolitik.org and BNR nieuwsradio.
Journalists posed undercover as employees at a marketing company, and were able
to obtain hundreds of millions of location data points from phones in Belgium
through data brokers.
Data brokers collect and sell aggregated databases of personal information,
often gathered from mobile apps or online web trackers. The data is bundled and
resold to advertisers, or even law enforcement and governments.
Location data is supposed to be anonymous, but it can be used to paint a picture
of someone’s daily movements, and combining a few anonymous data points together
can lead to re-identifying a person.
Investigating publications were able to use the data to figure out surnames,
first names and lifestyle habits of at least five people who work or have worked
for the EU, three of whom “hold positions of high responsibility.”
Two confirmed that the data collected corresponded to their home, workplace and
travel.
Under the EU’s General Data Protection Regulation (GDPR), it is legal to collect
this kind of data from mobile phone users if they consent, but users must be
clearly informed about how their data will be used.
The Google Play Store and Apple App Store have requirements for apps to disclose
the information they gather, but analysis by investigating outlet Netzpolitik
has revealed that some apps still gather information such as location data
without disclosing this in their policies.
A similar undercover investigation by Ireland’s public broadcaster in September
spurred Ireland’s Data Protection Commission to suspend the activities of an
Irish data broker. The Irish DPC has said it has also identified two data broker
companies in other EU member countries, and is engaging with data protection
authorities responsible for regulating them.
PARIS — Economy Minister Roland Lescure warned Monday he could stop Shein from
selling its products of France after a consumer watchdog report accused the
Chinese-founded fast-fashion platform of selling “sex dolls with childlike
appearances.”
“For terrorist acts, drug trafficking and child pornography, the government has
the right to request banning access to the French market,” Lescure said. “These
horrible items are illegal.”
Over the weekend, France’s Directorate-General for Competition, Consumer Affairs
and Fraud Control (DGCCRF) issued a statement alleging that it had “found that
the e-commerce site SHEIN was selling child-like sex dolls.”
“Their description and categorization on the site leave little doubt as to the
child pornographic nature of the content,” the statement added.
Shein did not immediately respond to POLITICO’s request for comment.
Lescure said that he had filed a legal report on this matter and asked France’s
digital regulator Arcom, which is responsible for regulating “very large”
platforms like Shein under the European Digital Services Act, to look into the
matter.
France’s High Commissioner for Youth, Sarah El-Haïry, said Sunday that she would
convene “all major platforms” to understand how such products are put on the
market.
In 2021, then-Economy Minister Bruno Le Maire order popular search engines and
mobile app stores to delist another online marketplace, Wish, after several
reports from the DGCCRF. Wish was reauthorized a year later.
This article was first published by POLITICO in French and translated by Victor
Goury-Laffont.
Alcohol has been enjoyed in societies for thousands of years, playing a role in
celebrations and gatherings across the world. While misuse continues to cause
harm, it’s encouraging to see that, according to World Health Organization data,
trends are moving in the right direction. Consumers are better informed and
increasingly aware of the benefits of moderation.
While Diageo is only relatively young — founded in 1997 — our roots run deep.
Many of our brands date back centuries, some as far back as the 1600s. From
iconic names such as Guinness and Johnnie Walker to modern innovations like
Tanqueray 0.0, we are proud to continue that legacy by building and sustaining
exceptional brands that resonate across generations and geographies. We want to
be one of the best performing, most trusted and respected consumer products
companies in the world — grounded in a strong sense of responsibility.
That means being transparent about the challenges, proactive in promoting
responsible drinking, and collaborative in shaping the future of alcohol policy.
We are proud of the progress made, but we know there is more to do. Lasting
change requires a whole-of-society approach, bringing together governments,
health experts, civil society and the private sector.
We believe a more balanced, evidence-based dialogue is crucial; one that
recognizes both the risks of harmful drinking and the opportunities to drive
positive change. Our brands are woven into cultural and social traditions around
the world, and the industry contributes significantly to employment, local
economies and public revenues. Recognizing this broader context is essential to
shaping effective, proportionate and collaborative alcohol policies.
Public-private collaboration brings together the strengths of different sectors,
and these partnerships help scale impactful programs.
> We believe a more balanced, evidence-based dialogue is crucial; one that
> recognizes both the risks of harmful drinking and the opportunities to drive
> positive change.
Across markets, consumers are increasingly choosing to drink more mindfully.
Moderation is a long-term trend — whether it’s choosing a non-alcoholic
alternative, enjoying fewer drinks of higher quality, or exploring the choice
ready-to-drink formats offer, people are drinking better, not more, something
Diageo has long advocated. Moderation is not a limitation; it’s a mindset. One
of the ways we’re leading in this space is through our expanding non-alcoholic
portfolio, including the acquisition of Ritual Beverage Company in the US and
our investment in Guinness 0.0. This growing diversity of options empowers
individuals to choose what’s right for them, in the moment. Moderation is about
choice, and spirits can also offer creative ways to moderate, such as mixing
alcoholic and non-alcoholic ingredients to craft serves like the ‘lo-groni’, or
opting for a smaller measure in your gin and tonic.
Governments are increasingly taking proportionate approaches to alcohol
regulation, recognizing the value of collaboration and evidence-based policy.
There’s growing interest in public-private partnerships and regulatory
rationality, working together to achieve our shared goal to reduce the harmful
use of alcohol. In the UK, underage drinking is at its lowest since records
began, thanks in part to initiatives like Challenge 25, a successful
public-private collaboration that demonstrates the impact of collective,
targeted action.
> Moderation is not a limitation; it’s a mindset.
Diageo has long championed responsible drinking through campaigns and programs
that are measurable and scalable. Like our responsible drinking campaign, The
Magic of Moderate Drinking, which is rolled out across Europe, and our programs
such as Sober vs Drink Driving, and Wrong Side of the Road, which are designed
to shift behaviors, not just raise awareness. In Ireland, we brought this
commitment to life at the All Together Now music, art, food and wellness
festival with the launch of the TO.0UCAN pub in 2024, the country’s first-ever
non-alcoholic bar at a music festival. Serving Guinness 0.0 on draught, it
reimagined the traditional Irish pub experience, offering a fresh and inclusive
way for festival-goers to enjoy the full energy and atmosphere of the event
without alcohol.
Another example comes from our initiative Smashed. This theatre-based education
program, developed by Collingwood Learning and delivered by a network of
non-government organizations, educates young people and helps them understand
the dangers of underage drinking, while equipping them with the knowledge and
confidence to resist peer pressure. Diageo sponsors and enables Smashed to reach
millions of young people, teachers and parents across the globe, while ensuring
that no alcohol brands of any kind are mentioned. In 2008, we launched DRINKiQ,
a first-of-its-kind platform to help people understand and be informed about
alcohol, its effects, and how to enjoy it responsibly. Today, DRINKiQ is a
dynamic, mobile-first platform, localized in over 40 markets. It remains a
cornerstone of our strategy.
> Diageo has long championed responsible drinking through campaigns and programs
> that are measurable and scalable.
In the UK, our partnership with the Men’s Sheds Association supports older men’s
wellbeing through DRINKiQ. Most recently, this collaboration expanded with
Mission: Shoulder to Shoulder, a nationwide initiative where Shedders are
building 100 buddy benches to spark over 200,000 conversations annually. The
campaign promotes moderation and connection among older men, a cohort most
likely to drink at increasing or higher risk levels. Across all our
partnerships, we focus on the right message, in the right place, at the right
time. They also reflect our belief that reducing harmful drinking requires
collective action.
Our message is simple: Diageo is ready to be a proactive partner. Let’s build on
the progress made and stay focused on the shared goal: reducing harm. With
evidence-based policies, strong partnerships and public engagement, we can
foster a drinking culture that is balanced, responsible and sustainable.
Together, we can make real progress — for individuals, communities and society
as a whole.
BRUSSELS — Call it a digital love triangle.
When EU leaders back a “sovereign digital transition” at a summit in Brussels
this Thursday, their words will mask a rift between France and Germany over how
to deal with America’s overwhelming dominance in technology.
The bloc’s founding members have long taken differing approaches to how far the
continent should seek to go in detoxing from U.S. giants. In Paris, sovereignty
is about backing local champions and breaking reliance on U.S. Big Tech. In
Berlin the focus is on staying open and protecting Europe without severing ties
with a major German trading partner.
The EU leaders’ statement is a typical fudge — it cites the need for Europe to
“reinforce its sovereignty” while maintaining “close collaboration with trusted
partner countries,” according to a near-final draft obtained by POLITICO ahead
of the gathering.
That plays into the hands of incumbent U.S. interests, even as the bloc’s
reliance on American tech was again brought into sharp focus Monday when an
outage at Amazon cloud servers in Northern Virginia disrupted the morning
routines of millions of Europeans.
As France and Germany prepare to host a high-profile summit on digital
sovereignty in Berlin next month, the two countries are still seeking common
ground — attendees say preparations for the summit have been disorganized and
that there is little alignment so far on concrete outcomes.
When asked about his expectations for the Nov. 18 gathering, German Digital
Minister Karsten Wildberger told POLITICO he wanted “to have an open debate
around what is digital sovereignty” and “hopefully … have some great
announcements.”
In her first public appearance following her appointment this month, France’s
new Digital Minister Anne Le Hénanff, by comparison, promised to keep pushing
for solutions that are immune to U.S. interference in cloud computing — a key
area of American dominance.
CONTRASTING PLAYBOOKS
“There are indeed different strategic perspectives,” said Martin Merz, the
president of SAP Sovereign Cloud. He contrasted France’s “more state-driven
approach focusing on national independence and self-sufficiency in key
technologies” with Germany’s emphasis on “European cooperation and
market-oriented solutions.”
A recent FGS Global survey laid bare the split in public opinion as well. Most
French respondents said France “should compete globally on its own to become a
tech leader,” while most Germans preferred to “prioritize deeper regional
alliances” to “compete together.”
The fact that technological sovereignty has even made it onto the agenda of EU
leaders follows a recent softening in Berlin, with Chancellor Friedrich Merz
becoming increasingly outspoken about the limits of the American partnership
while warning against “false nostalgia.”
The coalition agreement in Berlin also endorsed the need to build “an
interoperable and European-connectable sovereign German stack,” referring to a
domestically controlled digital infrastructure ecosystem.
The fact that technological sovereignty has even made it onto the agenda of EU
leaders follows a recent softening in Berlin, with Chancellor Friedrich Merz
becoming increasingly outspoken about the limits of the American partnership
while warning against “false nostalgia.” | Ralf Hirschberger/AFP via Getty
Images
Yet Germany — which has a huge trade deficit with the U.S — is fundamentally
cautious about alienating Washington.
“France has been willing to accept some damage to the transatlantic relationship
in order to support French business interests,” said Zach Meyers, director of
research at the CERRE think tank in Brussels.
For Germany, by contrast, the two are “very closely tied together, largely
because of the importance of the U.S. as an export market,” he said.
Berlin has dragged its feet on phasing out Huawei from mobile networks over
fears of Chinese retaliation, against its car industry in particular.
The European Commission itself is walking a similar tightrope — dealing with
U.S. threats against EU flagship laws that allegedly target American firms,
while fielding growing calls to unapologetically back homegrown tech.
STUCK ON DEFINITION
“Sovereignty is not a clearly defined term as it relates to technology,” said
Dave Michels, a cloud computing law researcher at Queen Mary University of
London.
He categorized it into two broad interpretations: technical sovereignty, or
keeping data safe from foreign snooping and control, and political sovereignty,
which focuses on strategic autonomy and economic security, i.e safeguarding
domestic industries and supply chains.
“Those things can align, and I do think they are converging around this idea
that we need to support European alternatives, but they don’t necessarily
overlap completely. That’s where you can see some tensions,” Michels said.
Leaders will say in their joint statement that “it is crucial to advance
Europe’s digital transformation, reinforce its sovereignty and strengthen its
own open digital ecosystem.”
“We don’t really have a shared vocabulary to define what digital sovereignty is.
But we do have a shared understanding of what it means not to have digital
sovereignty,” said Yann Lechelle, CEO of French AI company Probabl.
Berlin isn’t the only capital trying to convince Europe to ensure its digital
sovereignty remains open to U.S. interests.
Austria, too, wants to take “a leading role” in nailing down that tone, State
Secretary Alexandre Pröll previously told POLITICO. The country has been on a
mission to agree a “common charter” emphasizing that sovereignty should “not be
misinterpreted as protectionist independence,” according to a draft reported by
POLITICO.
That “will create a clear political roadmap for a digital Europe that acts
independently while remaining open to trustworthy partners,” Pröll said.
Next month’s Berlin gathering will be crucial in setting a direction. French
President Emmanuel Macron and Merz are both expected to attend.
“The summit is intended to send a strong signal that Europe is aware of the
challenges and is actively advancing digital sovereignty,” a spokesperson for
the German digital ministry said in a statement, adding that “this is not about
autarky but about strengthening its own capabilities and potential.”
“One summit will not be enough,” said Johannes Schätzl, a Social Democrat member
of the German Bundestag. “But if there will be an agreement saying that we want
to take the path toward greater digital sovereignty together, that alone would
already be a very important signal.”
Mathieu Pollet reported from Brussels, Emile Marzolf reported from Paris and
Laura Hülsemann and Frida Preuß reported from Berlin.
BRUSSELS — Almost 60 members of the European Parliament want to include a gift
in the bloc’s next long-term budget: a phone with more storage for Ursula von
der Leyen.
Right-wing politicians filed an amendment on Thursday to the EU’s budget bill,
telling the EU executive to “dedicate sufficient funding to provide the
president of the Commission with a mobile phone with adequate storage capacity
and appropriate IT support to ensure that messages are preserved without
exception.”
Von der Leyen got in hot water last month over a deleted 2024 text message she
received from French President Emmanuel Macron that POLITICO reported had urged
her to block the EU-Mercosur trade deal.
The Commission said the message was auto-deleted, defending von der Leyen’s use
of disappearing messages as being, in part, “for space reasons.” But tech
experts debunked that defense as “a non-argument” and ” hard to believe,”
because text messages hardly take any space on modern phones.
The Commission president already faced an investigation earlier over text
conversations with Pfizer’s Chief Executive Officer Albert Bourla about Covid-19
vaccine contracts which were never archived.
Lawmakers are due to vote on the EU’s draft budget for 2026 at a plenary session
in Strasbourg next week.
The amendment on phone storage came from Germany far-right member Christine
Anderson and Swedish hard-right member Charlie Weimers. It had been signed by 57
members of parliament on Thursday, largely from Weimers’ European Conservative
and Reformists group, Anderson’s Europe Sovereign Nations and the far-right
Patriots for Europe.
The amendment urged the EU executive to mind “importance of keeping proper
records of all official communications of the Commission.”
The European Commission has opened a door marked danger. In July it issued a
guidance letter blessing the creation of what is known as an Automotive
Licensing Negotiation Group (Auto LNG). In doing so, it gave the green light to
rival carmakers to form a cartel-like entity to negotiate licenses for patents
that underpin standardized technologies (standards essential patents, or
SEPs).
>
SEPs are vital in many industries because they enable devices and services to
interoperate seamlessly across different manufacturers, platforms and
geographies. They cover technologies such as Wi-Fi, 5G and video coding, and are
integral to the Internet of Things.
> SEPs are vital in many industries because they enable devices and services to
> interoperate seamlessly across different manufacturers, platforms and
> geographies.
For decades, EU competition law treated the collective bargaining among
competitors that LNGs of any kind represent as off-limits. The timing of the
change was not incidental.
In September the Commission also released draft revisions of its Technology
Transfer Block Exemption Regulation and Technology Transfer Guidelines (TTG).
Together, these texts shape how Europe manages its innovation economy, including
its SEP licensing market.
A success story at stake
On the positive side, the drafts reaffirm the importance of transparent patent
pools. Such pools bring together complementary SEPs owned by multiple parties
and make them available through a single license. Pools cut transaction costs,
create efficiencies and provide clarity to technology implementers.
SEP owners who contribute technology to a standard promise to license their
patents on fair, reasonable and non-discriminatory (FRAND) terms. Pools put that
commitment into practice by offering a single license that the market can accept
or reject.
The draft TTG strengthens requirements for transparency and governance in pools
by emphasizing the importance of essentiality checks, published terms, open
participation and safeguards against collusion. These measures codify practices
many pools already follow. In doing so, the Commission is rightly cementing
transparent pools’ role as trusted intermediaries in SEP licensing.
LNGs and FRAND cannot co-exist
Properly structured pools only succeed if implementers view their terms as
balanced; they cannot ‘enforce’ acceptance into existence. When the market
pushes back, pools adjust. That responsiveness makes them both pro-competitive
and self-correcting.
LNGs invert that logic. As coalitions of buyers, their explicit objective is to
aggregate purchasing power to secure discounts from the prevailing FRAND rate —
all while their members continue to use the technology. However, the
non-discrimination limb of FRAND makes across the board ‘group discounts’ very
hard to square with commitments owed to all implementers, including those that
have already taken licenses, directly or through a pool. This distorts
competition by enabling buyers to exert undue pressure on licensors.
The draft TTG seeks to allay concerns by requiring LNG participation to be open
and internally non-discriminatory, yet it does not grapple with the external
effect on the SEP holder’s non-discrimination duty. That omission risks forcing
a de facto “LNG rate” onto the whole market.
Asymmetry and holdout risk
The asymmetry here is striking. If price talks fail for tangible inputs,
suppliers can simply stop shipments. Not so with SEPs: once standardized, the
technology is embedded and keeps being used unless long, costly litigation is
pursued. This reality gives coordinated buyers leverage to delay or avoid paying
– a textbook recipe for holdout and cartel-like behavior.
Some argue that if licensors can license jointly through pools, licensees should
be able to do so in LNGs. This is false logic. Pools aggregate non-competing
assets to make complementary patents accessible. LNGs aggregate competing buyers
to dictate price, a monopsony dynamic that competition law has long treated with
suspicion. Pools, by contrast, have no such power. They live or die by market
acceptance. Their incentive is to align with existing demand.
Process shortcuts, shaky justifications
Equally troubling is how the Commission chose to act. The July letter was issued
under an ‘informal guidance’ procedure, an opaque tool usually used to clarify
cutting-edge cases. SEP holders and smaller innovators were not consulted,
despite being directly affected.
The substantive justification is no better. Both the Commission and Germany’s
Bundeskartellamt, which had previously authorized the ALNG in June 2024, leaned
on a market-share threshold, finding automakers represent less than 15 percent
of the ‘general mobile communications’ market.
However, connected cars represent a completely separate vertical, with distinct
technical features like vehicle-to-vehicle communication, and the market
threshold should apply to it specifically. Furthermore, in licensing markets, a
coordinated 15 percent holdout can freeze dealmaking across the board. That risk
is ignored.
> Connected cars represent a completely separate vertical, with distinct
> technical features.
Meanwhile, the invocation of decarbonization as a reason to tolerate cartel-like
structures conflates policy domains. Climate objectives, however worthy, cannot
excuse weakening competition law guardrails.
Keep the back door closed
Pools already deliver the benefits LNGs claim — lower transaction costs, broader
access, transparent terms, market efficiencies — without cartel risks. Most
importantly, the FRAND framework, tested in courts and practice, continues to
support rapid technology rollouts across the EU and is fully compatible with
pools. It is utterly incompatible with LNGs. To adhere to FRAND principles that
are the cornerstone of SEP licensing worldwide, LNGs cannot exist.
> Pools already deliver the benefits LNGs claim — lower transaction costs,
> broader access, transparent terms, market efficiencies — without cartel risks.
If the Commission wants to modernize SEP policy, it should do so openly and only
when market failures are identified. This involves consultation to establish
clear criteria and evidence of consumer benefit. By contrast, its current
approach threatens to disrupt efficient markets, squeeze royalties that fund
research and development, and slow Europe’s pace of innovation.
In reinforcing transparent pools, the Commission got one big thing right with
its draft TTG. It should not squander that by blessing LNGs.
Roberto Dini has more than 40 years’ experience in patent licensing and is
recognized as one of the global market’s most respected experts.
For a detailed analysis of the legal, economic and procedural defects in the
Auto LNG approach — and a fuller comparison between pools and LNGs — see: Auto
Licensing Negotiation Groups are a Bad, Anticompetitive Idea.
The European Union is coming to terms with the fact that its agreement with the
United States won’t turn into a comprehensive, reciprocal trade deal that
respects global trade rules.
“This will not amount to a [free-trade agreement]. And I think if we were to go
to the U.S. and say ‘could you agree with us that the objective is to transform
this into a fully WTO-compatible FTA?’ I think the answer would be a resounding
no,” the European Commission’s director-general for trade, Sabine Weyand, said
on Wednesday.
“We have to accept that, at this stage, the agreement does not fulfill the
conditions of article XXIV,” she told trade lawmakers, referring to the World
Trade Organization rule that allows countries to remove tariffs on one another
without granting the same benefits to others as long as they strike a full-blown
trade deal.
The agreement, brokered in July by European Commission President Ursula von der
Leyen and U.S. President Donald Trump in Scotland, has come under fire in the EU
for undermining rules-based trade and casting doubt on the bloc’s commitment to
the multilateral system it has continued to champion even as Washington
retreats.
In particular, critics point to the fact that the pact goes against reciprocity
and nondiscrimination — two principles at the heart of the rules-based system.
While the EU has agreed to eliminate all tariffs on U.S. industrial goods and on
cars, it should do so under a full-blown trade accord, one that covers
“substantially all trade,” to be WTO-compliant.
“I don’t want to take the easy road and say, ‘yes, we are going to transform
this into an FTA’ because I don’t think that that would be credible. So we have
to work with what we got here,” Weyand said, adding that this is why the EU
originally proposed to remove tariffs on all industrial goods in a reciprocal
way. That bid was turned down by Washington.
The EU’s top trade official also stressed that Washington’s decision to expand
its 50 percent tariffs on steel and aluminum to a wider range of products, such
as baby gear and mobile cranes, “goes against the spirit” of the deal struck
between Trump and von der Leyen.
“It hollows out what we have agreed on. So that’s why we are seeking discussions
there.”