FRAND Defense In Antitrust Investigations
When a company agrees to license its standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms, that commitment can come into play in more ways than just licensing negotiations. Increasingly, we’re seeing FRAND commitments used as a defense in antitrust investigations. This area is evolving, especially as regulators around the world question whether certain SEP holders are abusing their position. Working with an experienced FRAND lawyer can help businesses identify where those commitments intersect with competition law. Licensing Disputes Standard-setting organizations (SSOs) often require participants to commit to FRAND licensing before their technology is adopted into an industry standard. These agreements...
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