Publications
Global Competition Review: IP & Antitrust European Union (2015).“Huawei: Establishing the legal standard for a FRAND defense as a basis for resisting requests for injunctive relief for infringements of SEPs under competition law.” in Competition Policy International (October 2015).
“An assessment of injunctions, patents and standards following the Court of Justice’s Huawei/ZTE ruling”, in JECLAP (October 2015).
“The Court of Justice’s preliminary ruling in Huawei v ZTE: The final word?”, in e-Concurrences (July 2015).
“IP and Antitrust: Recent Developments in EU Law.” In Cugia di Sant’Orsola, Noormohamed, Guimarães (eds.): “Communications and Competition Law.” IBA (2015).
“Abuse of Dominance in Technology-Enabled Markets: Established Standards Reconsidered.” European Competition Journal 9, No. 1 (May 2013). Co-authored with Nicolas Petit.
“FRAND Commitments and EC Competition Law: A Reply to Philippe Chappatte.” European Competition Journal 6, No. 1 (April 2010). Coauthored with Damien Geradin.
“From Hard to Soft Enforcement of EC Competition Law – A Bestiary of ‘Sunshine’ Enforcement Instruments,” in: Gheur, Ch. & Petit, N. (eds.): “Alternative Enforcement Techniques in EC Competition Law: Settlements, commitments and other novel instruments,” Brussels, (2009). Co-authored with Nicolas Petit.
“The Commission’s Non-Contractual Liability in the Field of Merger Control – Don’t use a Hammer when You Need a Screwdriver.” eCCP (June 2007). Co-authored with Nicolas Petit.
“Can Standard Setting Lead to Exploitative Abuse?” European Competition Journal 3, No. 1 (June 2007). Co-authored with Damien Geradin.
“Excessive Pricing: In Reply.” Competition Law Insight (October 10, 2006). Co-authored with Damien Geradin.
“EC Resorts to Competition Law to Create Single Energy Market.” Competition Law 360 (August 23, 2006). Co-authored with Damien Geradin.
Experience
Miguel Rato is a partner in the firm’s Brussels office where his practice focuses on EU competition law. He advises clients on a wide array of contentious and non-contentious EU competition law issues, with a particular focus on complex unilateral conduct matters, transactions, and IP licensing in high-tech industries. His experience also encompasses EU merger control and State aid investigations.
Miguel has been involved in some of the leading competition cases in high-tech industries and at the intersection of IP and competition law, including the European Commission’s five-year Article 102 investigation into Qualcomm (which garnered the Legal Business award for Competition Team of the Year 2010), the European Commission’s investigation of Microsoft’s conduct regarding the Internet Explorer browser, and the European Commission’s investigation of Samsung’s conduct in relation to standard-essential patents.
From May 2004 to November 2005, Miguel worked as a Référendaire (Clerk) at the General Court of the European Union (EGC) in Luxembourg.
Miguel is a lecturer on EU competition law and intellectual property at the Brussels School of Competition in Brussels. He has been recognized by peer review rankings such as Chambers & Partners, Legal 500 and Who’s Who Legal, who has ranked him as a Thought Leader – Competition 2018 and a Competition Future Leader – Partners.