THE CASE FOR ANTITRUST LAW TO POLICE THE PATENT HOLDUP PROBLEM IN STANDARD SETTING

In 2008, one of authors -- George Cary -- co-authored an article on the role of antitrust law when patent holders abuse a standard-setting process in order to secure inclusion of their technology in industry standards. Since then much has been written on the proper role (if any) for antitrust in pol...

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Bibliographic Details
Published in:Antitrust law journal 2011-06, Vol.77 (3), p.913-945
Main Authors: Cary, George S., Nelson, Mark W., Kaiser, Steven J., Sistla, Alex R.
Format: Article
Language:English
Subjects:
Antitrust
Antitrust law
Antitrust laws
Competition
Contract law
Disclosure
Economic competition
Equitable estoppel
False positive errors
Government regulation
Innovations
Intellectual property
Interoperability
Licenses
Licensing
Management
Monopoly
Official misconduct
Patent infringement
Patent law
Proprietary
Remedies
Royalties
Securities and Exchange Commission regulation
Standards committees
SYMPOSIUM: ANTITRUST AND INNOVATION
Technology
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Summary:In 2008, one of authors -- George Cary -- co-authored an article on the role of antitrust law when patent holders abuse a standard-setting process in order to secure inclusion of their technology in industry standards. Since then much has been written on the proper role (if any) for antitrust in policing such conduct; two then-recent courts of appeal decisions that addressed the issue have been analyzed in depth; the EU has stated its views; and numerous scholars and commentators have staked out positions. Here, they again consider the question of the proper role of antitrust in light of these opinions and recent commentary. They conclude that those arguments are unpersuasive as a matter of law and unsound as a matter of policy.
ISSN:0003-6056
2326-9774