FRAND Dispute Resolution under the Data Act and the SEP Regulation

Regulators and legislators across many jurisdictions encourage the use of alternative dispute settlement (ADR) for FRAND disputes. The EU Commission is doing so vehemently by its draft SEP Regulation, front and center of which are ADR mechanisms. So far, and undeservedly, the data FRAND ADR mechanism under the draft Data Act has remained largely undiscussed. If implemented, both the Data Act and the SEP Regulation dispute resolution mechanisms could give a push to FRAND ADR, even beyond the scope of these legislative acts. The paper provides an overview of the proposed ADR frameworks under the Data Act and the SEP Regulation. It then goes on to comparatively assess important aspects of these two sets of rules and submits suggestions for how to amend the current drafts of the Data Act and the SEP Regulation