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.
Across all major sectors of the economy, proprietary information technology is increasing the market dominance of large firms, which is evidence of a slowdown in the spread of technical knowledge throughout the economy. The result is rising industry concentration, slower productivity growth and growing wage inequality. The key challenge to IP and antitrust policy will be counter this trend yet maintain innovation incentives.
After the Supreme Court ruled that courts should not automatically enter injunctions against patent infringers, some commentators feared that the decision would hinder innovation and growth in the U.S. More than ten years later, this paper examines the data to see whether those fears came true.