DoJ calls for additional hearing in Qualcomm antitrust case
The US Department of Justice (DoJ) yesterday, May 2, requested that an evidentiary hearing be held on any remedies to be issued if Qualcomm is found liable in the Federal Trade Commission’s (FTC) antitrust suit against the microchip manufacturer.
The FTC sued Qualcomm in 2017, alleging that the tech company’s patent licensing policies breached competition law.
In the suit, the FTC accused Qualcomm of failing to make its patents essential to mobile network standards available on fair, reasonable, and non-discriminatory (FRAND) terms.
Qualcomm maintains that it is compliant with its FRAND obligations.
Closing arguments in the case were presented in January at the US District Court for the Northern District of California.
Yesterday, the DoJ urged the court to “schedule an evidentiary hearing to resolve any disputes regarding the scope and impact of injunctive relief” if it finds Qualcomm liable.
According to the court filing, the DoJ is concerned at the potential impact of any antitrust penalties against Qualcomm on the roll-out of 5G mobile networks.
In the submission, the DoJ also told the court that “the remedial measures it imposes to fully restore competition must do as little harm as possible to various public and private interests”.
“There is a plausible prospect that an overly broad remedy in this case could reduce competition and innovation in markets for 5G technology and downstream applications that rely on that technology,” the DoJ warned.
In its closing argument in January, the FTC said that Qualcomm had abused its position in the 3G and 4G markets to maintain a monopoly and force tech companies such as Apple into paying excessive royalties for its microchips.
The FTC warned that Qualcomm would exploit the 5G market in a similar fashion unless it was prevented from doing so.
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