Published: November 23, 2017
Publisher: Mondaq
“For years, there has been robust debate among legal scholars, practitioners, and enforcers over whether and how the antitrust laws should be applied in the context of industry standard setting, and, in particular, with regard to violations of FRAND licensing commitments made by holders of standard-essential patents (SEPs). Historically, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have taken the position that the antitrust laws may reach such violations. However, statements made last week by DOJ senior leadership appear to signal a major shift in enforcement policy at DOJ. AAG Makan Delrahim expressed the view that FRAND violations are better addressed via contract remedies, and indicated that under his watch, the DOJ would focus on potential antitrust violations by SEP licensees and the Standard-Setting Organizations (SSOs) themselves.”