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Monday, September 09, 2013, 10:51 am PT (01:51 pm ET)

EU regulators call for more Samsung concessions to end antitrust case

Regulators in the European Union are calling for Samsung to offer greater concessions in order to head off a fine over antitrust violations in its ongoing patent disputes with Apple.



"The Commission can confirm that Samsung has submitted proposals," EU spokesman Jonathan Todd told Reuters, "the Commission has assessed them and asked Samsung to improve them."

EU regulators hold that Samsung breached antitrust rules when it brought suit against Apple in several EU countries beginning in 2011. Samsung sought injunctions against Apple's iPhone and other products, partially in response to Apple filing suit alleging Samsung's willful violation of its own intellectual property and design patents.

The patents Samsung sought to enforce, though, were standards-essential patents, including some related to mobile telephony. Those companies that hold standards-essential patents are required under international law to extend fair, reasonable, and non-discriminatory (FRAND) offers to willful licensees.

Hitting Samsung with a complaint last year, the European Commission claimed that the firm did not adhere to its FRAND responsibilities when it filed suit against Apple and, further, that that violation of FRAND principles also constituted anti-competitive action. Samsung has been in discussions with the Commission since June 25 to settle the issue.

The EU spokesman did not go into detail with regard to what concessions Samsung has offered so far. If the South Korean tech giant is unable to persuade the Commission that it will abandon anti-competitive practices, it could face a fine of up to 10 percent of its 2012 revenues, or $18.3 billion.