DOJ And FTC Issue Updated Antitrust Guidelines On The Licensing Of Intellectual Property

On January 13, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The issuance of the revised Guidelines follows nearly half a year of consideration and public commentary. According to the FTC, the updates modernized the Guidelines "without changing the agencies' enforcement approach with respect to intellectual property licensing or expanding the IP Licensing Guidelines to address other topics."

The Guidelines Reflect Modest Updates that Reconfirm Key Themes from the 1995 Version of the Guidelines

The relatively modest updates to the Guidelines affirm that the antitrust agencies still believe that intellectual property issues do not require an altered analysis, and that the licensing of intellectual property is generally procompetitive. The majority of the guidelines update relevant authorities to reflect