FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

By Justus A. Baron, Chryssoula Pentheroudakis & Nikolaus Thumm –

This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative legal analysis while testing the economic soundness of the concepts and methodologies applied by courts and antitrust authorities in the