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European Commission Applies New Policy for Reviewing Antitrust Complaints and Continues Qualcomm Investigation


SAN DIEGO . — Qualcomm Incorporated (Nasdaq: QCOM) has been informed that the European Commission has taken the procedural step of “initiating proceedings” against Qualcomm, in response to complaints first lodged in 2005 by six companies. Under a newly adopted policy for handling antitrust complaints, the Commission has “initiated proceedings” without expressing a view on the merits of the complaints and without issuing a Statement of Objections. In doing so, the Commission has made the resolution of this case a matter of priority. “Initiation of proceedings” leaves open the various courses of action the Commission may choose at the end of the investigation, including rejection of the complaints, seeking a settlement with Qualcomm or issuing a Statement of Objections.

“We are pleased that the Commission has decided to give the case priority status to move it forward swiftly to resolution,” said Steve Altman, president of Qualcomm. “We welcome the continuation of our dialogue with the Commission in order to demonstrate that the complaints are without merit and are motivated by commercial considerations of the entrenched complainants who are trying to stifle the competition that Qualcomm brings to the market.”

“Furthermore, we will continue to explain the undisputed fact that Qualcomm greatly contributed to the development and commercialization of WCDMA technology and has abided by its obligations to ETSI and other standards setting organizations, including its commitments to offer licenses to its essential patents on fair, reasonable and non-discriminatory (FRAND) terms. Qualcomm’s business model of extensively licensing our innovations has opened WCDMA to new players - driving competition, growth and further innovation. As a direct consequence, European consumers are benefiting from greater competition, rapidly declining WCDMA handset prices and more handset choices and features.”


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