The European Commission has begun a formal investigation into Samsung's patent library, aiming to determine the grounding of concerns that the Korean firm is using special 'standards-essential' patents to distort the mobile device market in Europe.

Though this investigation isn't formally linked to specific outside complaints from competitors, a spokesperson claimed that the number of injunctions filed against Samsung from various quarters has led to this investigation.

Unfair and unreasonable

"This is linked to injunctions which have been filed by Samsung against a number of competitors, concerning standards essential patents," the spokesman for EU antitrust chief Joaquin Almunia said.

"We're looking at the injunctions made on a broad basis... And whether these injunctions themselves are in breach of competition law."

In particular, the investigation will be looking into whether or not Samsung has breached agreements laid down back in 1998.

"In 2011, Samsung sought injunctive relief in various Member States' courts against competing mobile device makers based on alleged infringements of certain of its patent rights which it has declared essential to implement European mobile telephony standards.

"The Commission will investigate, in particular, whether in doing so Samsung has failed to honour its irrevocable commitment given in 1998 to the European Telecommunications Standards Institute to license any standard essential patents relating to European mobile telephony standards on fair, reasonable and non-discriminatory terms."

The most potent patent infringement cases involving Samsung have been those between it and Apple, with Samsung's Galaxy Tab 10.1 receiving an initial preliminary injunction before being modified in Germany, whilst ongoing patent cases are being conducted in 20 jurisdictions.

[source: Wall Street Journal, Europa]