DOJ And FTC Update Antitrust-Intellectual Property Licensing Guidelines

On August 12, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995. The majority of the Proposed Guidelines update relevant authorities to reflect developments in court decisions, statutory law, the agencies' practice, and the agencies' guidance over the past 20 years, while leaving intact the main principles and substantive guidance of the 1995 Guidelines.

The agencies re-affirmed their commitment to three broad principles, namely that the agencies:

• Apply the same antitrust analysis to conduct involving intellectual property as they apply to conduct involving other forms of property