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ARTICLE · 18 APRIL 2011

Technology Standardisation And Antitrust Law - A Comparison Of The US And EU Approaches

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This article compares the continuing development of the approaches of the US Department of Justice (DoJ), the Federal Trade Commission (FTC) and the European Commission (the Commission) concerning potential infringements of antitrust law arising either from patent ambush or from the failure of a patent licensor to comply with an undertaking to license standard-essential patents on (fair), reasonable and non-discriminatory ((F)RAND) terms.

United StatesAntitrust/Competition Law

Article by Craig Simpson*

This article was first published in CLI inBrief on 22 March 2011

This article compares the continuing development of the approaches of the US Department of Justice (DoJ), the Federal Trade Commission (FTC) and the European Commission (the Commission) concerning potential infringements of antitrust law arising either from patent ambush or from the failure of a patent licensor to comply with an undertaking to license standard-essential patents on (fair), reasonable and non-discriminatory ((F)RAND) terms. It follows a previous article on this topic ("Standardising technology: a further look at patent ambush and FRAND licensing undertakings") which appeared in CLI on 6 May 2008.

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