In those circumstances, which are characterised, on the one hand, by the infringer’s technological dependence following the incorporation into a standard of the teaching protected by the patent and, on the other hand, by unfair or unreasonable conduct by the SEP-holder, (49) at variance with its commitment to grant licences on FRAND terms, towards an infringer which has shown itself to be objectively ready, willing and able to conclude such a licensing agreement, the bringing of an action for a prohibitory injunction constitutes recourse to a method different from those governing normal competition; it has an adverse effect on competition (50) to the detriment, in particular, of consumers and the undertakings which have invested in the preparation, adoption and application of the standard; (51) and it must be regarded as an abuse of a dominant position for the purposes of Article 102 TFEU.
ottaa huomioon yhteisen maatalouspolitiikan rahoituksesta # päivänä kesäkuuta # annetun neuvoston asetuksen (EY) N:o #/# ja erityisesti sen# artiklan # kohdanEurLex-2 EurLex-2