Almunia brokers truce in patent wars

The antitrust rulings issued today by the Commission provide landmark guidance on how technology companies can license patents included in an industry standard.

Two rulings by the European Commission today may signal an end in sight to a series of long-running disputes – labelled “patent wars” – between technology giants.

Google’s Motorola broke European Union competition rules by trying to remove from the German market Apple iPhones and iPads, which used certain Motorola patents without a licence, the Commission ruled today (29 April). It also announced a settlement with Samsung, which had sought similar injunctions against Apple products.

The two cases provide landmark guidance on how technology companies can license patents included in an industry standard. Motorola escaped a fine because of the novelty of the case. The cases relate to the 3G and GSM standards for mobile phones, to which both Samsung and Motorola contributed patents.

Since these standards are fundamental for mobile phones to work, the main patents included are called standard essential patents (SEPs) and must be licensed out in a fair and non-discriminatory manner.

In 2011, Apple complained to the Commission that rivals Samsung and Motorola were taking advantage of their patents’ inclusion in the standards to demand extortionate royalties from Apple. The companies retorted that Apple, which made nearly €5 billion profit in the final quarter of 2011 alone, was refusing to negotiate a reasonable fee.

Abuse of power

A number of other technology companies have filed complaints with the Commission accusing SEP owners of abusing their market power, in a series of global disputes known as the patent wars. The Commission is still investigating a similar complaint against Motorola by Microsoft.

The settlement with Samsung sets out a framework so that licensors can be sure that they are not negotiating so inflexibly that breaches of EU competition rules are incurred. Under the settlement, if after 12 months of negotiations no compromise has been reached on the royalty rate, the parties must allow a court or an arbitrator to fix the price for them.

The decision against Motorola also held that licensors cannot, as is sometimes the case now, prevent their licensees from challenging the validity of their patents in court – an important principle since 50% of challenges succeed. “Intellectual property rights should not be abused to the detriment of competition and consumers,” Joaquin Almunia, the European commissioner for competition, said yesterday.

Heading for a clean exit

Portugal has declined a safety net for the end of its bail-out, which would have come with strict austerity conditions.

Portugal will not seek a provisional credit line from its international lenders when its bail-out programme ends officially on 17 May, Pedro Passos Coelho, Portugal’s prime minister, announced on Sunday (4 May) in a television address, surrounded by his cabinet.

A provisional credit line would have helped Portugal in the event of problems raising money on the international markets, but would probably have come with strict austerity conditions and intense foreign scrutiny of its budget. Neither Ireland nor Spain opted for a so-called ‘safety net’ when their own bail-outs ended. The decision was welcomed by eurozone finance ministers meeting in Brussels on Monday (5 May).

Passos Coelho said that Portugal has sufficient reserves to do without the credit line and pointed out that it already enjoyed low financing rates. He has reiterated in the past that the government will continue to cut spending and reform the economy.

In 2011, Portugal received a €78 billion bail-out from the European Union and the International Monetary Fund, conditional on Portugal controlling its budget spending and regaining competitiveness through structural reforms. Under the bail-out programme, Passos Coelho has cut back the size of the public sector, raised taxes and privatised some hospitals. The European Commission on Monday forecast that the Portuguese economy would grow by 1.2% in 2014 and 1.5% in 2015.

Faymann endorses Juncker for Commission president

In a blow to Martin Schulz, the centre-left chancellor of Austria has backed Jean-Claude Juncker to be the next president of the European Commission.

Werner Faymann, the centre-left chancellor of Austria, has endorsed Jean-Claude Juncker to be the next Commission president, according to the Austrian press.

OE24 quotes Faymann as saying that Juncker, the centre-right European Peoples Party (EPP) nominee to be the Commission president, should become Commission president because the EPP received the most votes in the election.

Faymann is the first centre-left politician to defect from Martin Schulz, the centre-left Party of European Socialists (PES) nominee to become Commission president, since the election. Schulz has not yet conceded to Juncker, saying he will see if a coalition with other groups is possible to form a mandate larger than the EPP. PES leaders are meeting in Brussels this afternoon ahead of tonight’s European Council summit.

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The EPP came first in the election with 213 MEPs, compared to 189 for the Socialists, according to the current count.

British Labour already refused to endorse Schulz ahead of the election, and Conservative British prime minister is said to be adamantly opposed to a Schulz presidency.

Controversial tax plans before finance ministers

Proposal would increase the amount of information shared by national tax authorities.

European Union finance ministers, meeting in Brussels today (11 March), will be asked to approve a controversial proposal that would increase the amount of information shared by national tax authorities.

Although EU leaders in December called for an agreement by March, Luxembourg’s finance minister is expected to exercise his veto, as might the Austrian finance minister. The two countries have blocked the proposal since 2009, insisting that the EU must first conclude agreements containing similar provisions with non-EU countries such as Andorra or Switzerland.

The Commission on Tuesday (4 March) wrote to member states detailing progress in the negotiations. Although Luxembourg described the talks as positive, it is expected to request further discussion at a summit of EU leaders on 20-21 March, with a view to better co-ordinating the proposal with other initiatives being developed at the global level by the Organisation for Economic Co-operation and Development.

Austria’s ambassador told colleagues from other member states that the Austrian government was still reflecting on how to respond to the Commission’s letter.

Eyes on Italy

Questions over Italy’s poor economic performance will loom large over Pier Carlo Padoan, Italy’s new finance minister, at today’s meeting, which will be his first in a ministerial capacity.

The European Commission yesterday announced that it would increase its surveillance of Italy’s economy, given the country’s failure to address its high levels of public debt and lack of competitiveness. The eurozone’s third-largest economy could eventually be fined if it refuses to undertake structural reforms in response to the Commission’s concerns.

Olli Rehn, the European commissioner for economic and monetary affairs and the euro, said that addressing Italy’s low competitiveness and record-high public debt would be a “formidable challenge”. He will decide in June whether to recommend that member states place Italy, as well as Croatia and Slovenia, in the excessive-imbalance procedure after analysing responses from the countries indicating how they plan to address the Commission’s concerns.

Fiscal targets

Although the Commission stopped short of placing France in the excessive-debt procedure, it found that imbalances in the eurozone’s second-largest economy remained large because of low exports and high labour costs. France is at risk of missing its own fiscal targets over the coming years, Rehn warned. Pierre Moscovici, France’s finance minister, countered that the Commission’s conclusions were premature.

The Commission also said it would continue to monitor Germany’s weak domestic demand and called on the government to boost consumption in the interests of the country and of the eurozone.

Eurozone finance ministers meeting on Monday (10 March) reviewed progress made by Greece in implementing the terms of its €240 billion bail-out. Although Greece is expected to post its first annual growth in 2014 since 2007, the country is likely to need a third bail-out before the end of the year. Bruegel, a Brussels-based think-tank, estimates this at €40bn.

The Dutch centre back thinks only focusing on his side’s domestic run doesn’t reflect their achievements during an incredible season

Virgil van Dijk came out strongly in defence of Liverpool after their 2-0 defeat to Chelsea, saying the Reds’ season cannot be boiled down to “just” winning the Premier League.

Liverpool were knocked out of the FA Cup on Tuesday, but there is a seemingly inevitable Premier League title to come in the near future.

Jurgen Klopp’s side have lost three of their last four games in all competitions but they still have a 22-point lead at the top of the Premier League after dropping points in just two games this season.

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Still, their progression to the next round of the Champions League is far from certain after a 1-0 loss away at Atletico Madrid leaves them at risk of exiting the competition.

Having won the Club World Cup and Super Cup already this season, Van Dijk thinks it is impossible to say Liverpool’s season has been anything but glorious.

“Just end up with the Premier League? Yeah? Just? It’s just a small thing is it? We also won the Super Cup and the World Cup of [club] teams,” Van Dijk said at Stamford Bridge. “In life, there are people that are not always satisfied. They are always looking for negative things in life.

“That’s just the reality. Either you’re going to think about these things and go on with it and go on with that negative spirit, or you just focus on the good things, and I’m definitely focusing on the good things. We are in a very good situation.

“Close to what we all hope to achieve. Let’s just go for it, enjoy it. Tonight is a big blow but we were playing against a very good side. Let’s focus on ‘just’ the Premier League, because it’s very small, huh?”

Liverpool’s impending league triumph will fill the club with a lot of relief having waited 30 years to be crowned champions and having missed out by just one point in their race with Manchester City last season.

Some have accused Liverpool of switching focus from other competitions to ensure they win the Premier League after such a long spell away from the top but Van Dijk insists that his side gave it all to beat Chelsea in the FA Cup.

“I think that’s stupid to say [Liverpool weren’t bothered about the cups], in my opinion,” he added. “Every competition we participate in, we want to win. We showed it tonight with the line-up and the way we kept going, the energy we put in.

“We tried to do as much as possible to win the game. My reaction is that I don’t like losing. The way we lost at the weekend was totally deserved. It was a very tough day for all of us. Today we made some changes but everyone who came in did brilliantly.

“The first goal was a mistake that shouldn’t happen. But we had a massive four chances in one moment to equalise I think. And then it’s a different game. We wanted to keep winning every game that was ahead of us. But we deserved to lose at the weekend.

“We all knew it. We all discussed it. We got over it easily, I think, because we spoke with each other and accepted we have to improve. Tonight was a much better performance but you lose so you’re out of the cup. That’s the reality.”

Liverpool captain Jordan Henderson pulled his hamstring against Atletico Madrid at the start of Liverpool’s bad run, where they had won 37 of their 42 matches before his absence.

Klopp’s side have since hit a sudden dip in form but Van Dijk thinks losing Henderson is no excuse with the other players Liverpool have in their squad.

“He’s been very good for us this season,” he continued. “Very important. And he is our captain. We appreciate everything he does for us. But we have quality players all over the pitch. Everyone who’s coming in, whether on the pitch or off it, has to contribute with being a leader.

“With being ready to come on, in training or when you’re on the bench to challenge the players who’s playing in your position. Obviously, we can’t deny that he’s been outstanding this year, that he’s been very important. But the reality is everyone else has to step up.”

Liverpool next face Bournemouth as they look to get back to winning ways and ensure they claim the Premier League sooner rather than later.

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The Japan international completed 90 minutes for the first time in the FA Cup defeat to Chelsea, and knows he has to earn his minutes on the pitch

Takumi Minamino admits he is still learning how Liverpool operate since his January move from Red Bull Salzburg, but he wants to make more of his “limited chances” on the pitch.

The Japan international has been eased into life at Anfield, playing 90 minutes for the first time in the 2-0 FA Cup defeat at Chelsea this week.

Minamino is yet to find the net for Liverpool, but says he is getting to grips with Jurgen Klopp’s instructions and is eager to repay his manager’s faith in him.

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“In the last three months there have been areas which I’m quite happy about,” Minamino told Liverpool’s official website.

“But personally, I would love to contribute more goals and assists – I’m feeling very hungry about that.

“I don’t really know how much I still need to learn. But day by day, I’m feeling that I understand his [Klopp’s] philosophies and I’m getting better.

“I have to show results. I think this is very important in order to win trust from the team-mates and trust from the supporters. I think this is a very important thing that I have to achieve.

“I have been in this club for three months and I haven’t played many games and my playing time is not that much – but this is not a good excuse.

“I think I’m still [learning] to fully understand the team, but I still hate to wait. In order to make an instant impact and make a contribution to the team, I’m doing my best every day.

“I only have limited chances but when the manager needs me, I have to show the results of the manager’s expectations.”

Still looking for his first goal for Liverpool, Minamino will have been disappointed to see the FA Cup – which has brought all three of his starts at the club – slip away with defeat at Stamford Bridge.

With their third defeat in four games in all competitions, Liverpool have slipped up in recent weeks, though capturing the Premier League title remains little more than a formality.

“It’s really important to focus 100 per cent on the remaining Champions League and Premier League titles,” Minamino added.

“Of course, we failed to win some titles and we’re obviously very disappointed but we have to use that feeling.

“We only can get over that disappointment of this loss by winning the next matches. Luckily we’ve got a very tight schedule and the next match is coming soon at the weekend.

“We stop thinking about this loss by just concentrating on winning this next match and training harder.

“We are never negative; we all think about winning the next match.

“The atmosphere in the dressing room is really positive – we keep this positivity in training every day.”

EU to launch Mali security mission

The European Union is poised to approve the launch of a new security mission to Mali, its second in the country.

The decision will be taken by EU foreign ministers without debate on Monday (14 April) if no objections are raised by the British parliament in its scrutiny process.

The EU’s current mission in Mali, which was established in February 2013, is to train Malian soldiers and advise its military command. The new mission would focus on Mali’s police, border guards and national guards. It would also provide managerial and strategic advice to their commanders.

The mission is expected to operate in Mali over the long term, with staff numbers, according to a diplomat, “a little higher” than a comparable 80-member mission in Niger and with “higher ambitions”.

The initial mandate will be for two years, but, in discussions in working groups, diplomats and officials suggested that the mission might ultimately need to stay for four years. Over a nine-month start-up phase, costing €5.5 million, the mission is expected to hire around 40 people, half of whom would be ancillary staff. The commander has not yet been chosen.

The police-training mission is viewed as an extension of the EU’s military-training mission, which was launched after Islamists swept aside the resistance of the Malian army in January 2013 before being halted by French troops. The EU had, though, been planning the military mission before the Islamists launched their campaign.

The mission had a slow start, with problems ranging from mustering personnel to securing medical support, but 23 EU member states, and five non-EU states, now contribute to the mission. Two novelties for an EU security mission in Africa are that the 580-member mission includes soldiers from the Franco- German brigade, an international corps approved in 1987, and also a substantial, 40-strong contingent from the Czech Republic.

Diplomats say that a police-training mission has been on the cards for much of the past year, in part because some of the sources of the Islamist rebels’ funding – drugs and trafficking – pose policing challenges. A report published in March by the European Parliament found that there has been an “expansion of the criminal economy, with implications for Mali’s broader economy, public disillusion with government and armed conflict” since South American drug cartels began using the region as a major transit route to Europe in 2005.

A diplomat suggested that the twin missions in Mali “might just prove to be a showcase of how to deal with” security problems in the region. The situation in the country remains highly unstable, however, with regular reports of violent incidents. The French army says that it has killed around 50 rebels in the past month. The International Crisis Group, a think-tank, has also warned that there are increasing fears for ongoing peace efforts after several armed groups refused to attend meetings co- organised by the United Nations and the central government in March.

Successful parliamentary elections in late 2013 have eased the political situation in the country, which had become critical after a coup in 2012. But the European Commission says that the country’s food crisis remains significant, with “severe acute malnutrition” a major concern in northern Mali.

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Manchester United are reportedly demanding £25million from Roma for the permanent transfer of Chris Smalling.

Smalling’s performances in Serie A – which see him back in contention for England – have meant Roma are keen to secure his services on a long-term basis.

But Metro report that Roma are shocked by United’s £25million valuation, and are reconsidering whether a move for the 30-year-old would represent value for money.

Three Lions boss Gareth Southgate went to Italy to watch Smalling play for Roma in December after admitting his regret at criticising his ball-playing ability.

Southgate said: “I’ve never ruled anybody out. I think that would be wrong.

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“I think I said I probably regretted the way the message of… by praising others for certain attributes, there was criticism for Chris. It was my fault and it was unfair on him.

 

 

“I think he’s done well in Italy. He’s playing at another big club. He was obviously playing at a big club before. We’re watching everybody because we’ve got to make sure we make the right decision.

“I spoke to him when I left him out of the squad and explained what I explained to everybody.

“Of course because of the way it came out, there was little point (in talking to him again) because I wasn’t going to say anything that hadn’t already been said.”

 

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Paul Pogba is reportedly considering remaining at Manchester United beyond the summer after two players were cited as proof of the club’s ambition in the transfer market.

Pogba, who moved back to United from Juventus in 2016, has become a divisive figure at Old Trafford after largely failing to display the talent he showed in Italy.

Indeed, the Frenchman has been heavily linked with a move away in recent months, with Juve said to be keen on bringing him back to Turin and Real Madrid also credited with interest.

And despite reports this week that Juventus had already agreed personal terms with the player and were ready to hold talks with United over a fee, Ole Gunnar Solskjaer has continually insisted that Pogba remains a key part of his squad.

OPINION: Competition not criticism getting best out of Luke Shaw…

And now The Sun claim Pogba himself is warming to the idea of staying at Old Trafford, having been impressed with their upturn in fortunes in recent weeks and for the ambition the club has shown in the transfer market.

Currently sat fifth in the Premier League and just three points adrift of fourth-placed Chelsea, United are also through to the last 16 of the Europa League where they will face Austrian side LASK and on Thursday night beat Derby to make it through to the FA Cup quarter-finals.

However, as per the report, it is the signing of one player, in Bruno Fernandes, and the potential arrival of another, in Jadon Sancho, which has most convinced Pogba of United’s ambition and brought about the potential U-turn.

It’s claimed Pogba has been hugely impressed with the impact Fernandes has made since arriving from Sporting Lisbon; the Portuguese star scoring three times in his last three games.

Pogba, it’s claimed, is excited by the prospect of playing alongside the £68million man.

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In addition, Pogba is also said to be enthused by the club’s efforts to bring in England winger Sancho, with the Frenchman believed to be a massive admirer of his talents.

 

 

Sancho is likely to fetch well in excess of £100m this summer after a breathtaking spell in Germany with Borussia Dortmund and amid claims that the player ‘loves the idea of playing for United’.

Furthermore, the 26-year-old Frenchman – as per Tuttosport – is not 100% convinced that leaving Old Trafford would be the best thing for his career right now and would be tempted to stay.

However, Pogba will have 12 months remaining on his existing deal this summer and it’s thought he would need to sign an extension were he declare his intention to stay however, and for United not to actively seek a buyer for the midfielder.

And the Italian paper suggests Pogba signing a new deal at Old Trafford cannot be discounted at this stage amid claims he is ready to perform that U-turn and decide to stay.

 

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Takumi Minamino admits he is still adapting to life at Liverpool but is not using it as an excuse, as he’s “hungry” to contribute goals and assists.

Minamino has made just six appearances since joining Jurgen Klopp’s side in January after being afforded time to settle in to his new surroundings, but is now determined to make more of an impact in the matches he features in.

He told Liverpoolfc.com: “In the last three months there have been areas which I’m quite happy about. But personally I would love to contribute more to goals and assists – I’m feeling very hungry about that.

“I don’t really know how much I still need to learn. But day by day, I’m feeling that I understand his [Klopp’s] philosophies and I’m getting better.

“I have to show results. I think this is very important in order to win trust from the teammates and trust from the supporters. I think this is a very important thing that I have to achieve.

“I have been in this club for three months and I haven’t played many games and my playing time is not that much – but this is not a good excuse.

“In order to appeal to my teammates and [for them to] understand what I’m good at, I have to do what I really need to do.

“I think I’m still [learning] to fully understand the team, but I still hate to wait. In order to make an instant impact and make a contribution to the team, I’m doing my best every day.

“I only have limited chances but when the manager needs me, I have to show the results of the manager’s expectations.”

 

 

Liverpool have lost three of their last four in all competitions after being dumped out of the FA Cup by Chelsea and will hope to get back to winning ways as they host Bournemouth, and Minamino insists the Anfield crowd can play a significant role on proceedings come Saturday lunchtime.

He added: “Support from the fans always gives us positive energy. In order to overcome this difficult situation, their support really is huge.

“This good atmosphere would be a huge help for us. Support at Anfield is always encouraging players.

“In order to overcome this difficult situation, this energy from the support will be very important.”

 

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