Applying Section 2 to Frand Violations: “It’s Elementary, My Dear Watson”

Competition Policy International (CPI) | August.12.2021

Jay Jurata and Emily Luken co-authored an article for the Competition Policy International (CPI) Antitrust Chronicle – New Madison Revisited. The article describes how and why a breach of the commitment by a standards-essential patent (SEP) owner to license its patented technology on fair, reasonable, and nondiscriminatory (FRAND) terms violates the Sherman Act. The article also explains why “New Madison” policy arguments to the contrary are based on inapplicable and misconstrued legal precedent.