Jurisdiction(s):
United Kingdom

Key definition

Long definition

What does Long mean? In legal practice, long describes a position in which a party benefits from an increase in the price or value of a specified asset; the party is long that asset. A position is long where net economic exposure is above neutral (zero). This can arise through direct ownership (for example, shares or bonds) or synthetically via derivatives that deliver positive exposure to price rises (for example, buying call options, entering into forwards or futures, or taking the receiver leg of a contract for difference or total return swap). It is commonly taken with a view to later sale at a...

CJEU Huawei v ZTE: framework for SEP holders seeking injunctions, FRAND offers, counter-offers, and the 'willing licensee' standard under Article 102 TFEU

Published by a LexisNexis Competition expert

Practice notes

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CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 16 July 2015; it is no longer maintained. See further: timeline, commentary and related/relevant cases

Case facts

Outline

National reference from the German Landgericht Düsseldorf to the Court of Justice seeking a preliminary ruling under Article 267 TFEU. The request asks whether the proprietor of a standard‑essential patent (SEP) who has told a standardisation body it stands ready to offer any third party a licence on fair, reasonable and non‑discriminatory (FRAND) terms, abuses a dominant market position under Article 102 TFEU by applying for an injunction against a patent infringer, even where that infringer has stated a readiness to discuss such a licence. Clarification is also sought on how an infringing licensee must show such ‘willingness’, specifically whether Article 102 TFEU sets particular qualitative and/or time requirements for the ‘willingness to negotiate’ in circumstances where the other potential requirements of the competition law defence to the injunction have been established...

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Web page updated on 21/05/2026

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