Choosing licensing level by SEP holder- right or abuse?

Sammanfattning: In the modern, sophisticated world, connectivity has become a part of everyday routine: answering the phone call through the car or sending emergency calls by smartwatch to the nearest hospital. The ICT industry is the one that enables this connectivity by developing such technologies as 3G, 4G, 5G and WI-FI that can connect the phone with a smartwatch, car, house or speaker. At the same time, the interconnection of a significant number of devices creates licensing issues, and one of them is discussed in this thesis. The two long-established industries: ICT and automotive, are in licensing contradiction due to the different licensing practices. One such case is the dispute between ICT producer Nokia and car manufacturer Daimler. Nokia obtains a patent essential to the 4G standard that shall be licensed on the FRAND terms. The merits of the case- are to who shall the owner of the ICT patent provide license: to all implementers or just to one; whether it has the right to choose its licensees. To figure out the answers, I examined the contractual obligations of Nokia to the ETSI (FRAND commitment), its compliance with Article 102 of the TFEU (abuse of dominant position) and whether the patent exhaustion prohibits some licensing practices.