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.

Author

Emily Luken 高级律师, Antitrust & Competition, Strategic Advisory & Government Enforcement (SAGE)

Washington, D.C.

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D:+1 202 339 8455
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Practice:

Antitrust & Competition
Strategic Advisory & Government Enforcement (SAGE)

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Emily Luken 高级律师

Washington, D.C.

Emily’s practice focuses on issues at the intersection of antitrust and intellectual property, with a particular emphasis on standards-essential patents (SEPs) subject to a commitment to license on fair, reasonable, and nondiscriminatory terms (FRAND). She also has experience litigating other complex commercial disputes.

Prior to law school, Emily worked as a research assistant and project coordinator at the Brookings Institution in Washington, D.C.