The European Commission has confirmed that, while recourse to an injunction is generally a legitimate remedy for patent infringements, seeking an injunction may also constitute an abuse of dominance if (i) a holder of standard essential patents (SEPs) has given a commitment to licence of fair, reasonable and non-discriminatory terms (FRAND); and (ii) the potential licensee is willing to acquire a licence on FRAND.

SEPS are patents which are essential, from a technical perspective, to manufacture products (such as mobile phones) that comply with a particular standard. Holders of SEPs who wish to be included in a standard must commit to giving access to the technology on FRAND.