Category: Research

Tying and Exclusion in FRAND Licensing: Evaluating Qualcomm

Erik Hovenkamp and Timothy Simcoe

New analysis of the Qualcomm decision in terms of how Qualcomm’s commitments to license its standard-essential patents on “fair, reasonable, and nondiscriminatory” (FRAND) terms bear on the antitrust analysis and how FRAND might have been used to better justify finding an antitrust duty-to-deal with competitors.