Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC Approves Final Order Settling Charges Over Auto Supplier’s Acquisition, FRAND Commitments, (Apr 25, 2013)
Organizations Mentioned:Bowne & Co., Inc. | Robert Bosch GmbH
By William Zale, J.D.
The FTC has approved a final order settling charges that Robert Bosch GmbH’s acquisition of the SPX Service Solutions business of SPX Corporation would have given it a virtual monopoly in the market for air conditioning recycling, recovery, and recharge devices for vehicles (In the Matter of Robert Bosch GmbH, Dkt. C-4377, FTC File No. 121 0081). Robert Bosch is a leading global supplier of automotive and industrial technology, consumer goods, and building technology.
The FTC’s action finalizes a proposed order that was first announced by the agency in November 2012. It also resolves allegations that, before its acquisition by Bosch, SPX harmed competition in the market for this equipment by reneging on a commitment to license key, standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory terms.
Under the settlement with the FTC, Bosch has agreed to sell its automotive air conditioner repair equipment business, including RTI Technologies, Inc., to automotive equipment manufacturer, Mahle Clevite, Inc. Bosch also has agreed to abandon its claims for injunctive relief related to the key standard-essential patents.
The Commission vote approving the final order and a letter to members of the public who commented on it was 2-1-1, with Commissioner Maureen K. Ohlhausen voting no and Commissioner Joshua D. Wright not participating.
Companies: Robert Bosch GmbH
News: Antitrust FederalTradeCommissionNews