A Comparative And Economic Analysis Of The U.S. FTC’s Complaint And The Korea FTC’s Decision Against Qualcomm

By Koren W. Wong-Ervin, Douglas H. Ginsburg, Anne Layne-Farrar, Scott Robins & Ariel Slonim

On January 17, 2017, the U.S. FTC filed a lawsuit against Qualcomm based on a “monopoly broth” or course of conduct theory for alleged monopoly maintenance in certain narrowly defined baseband processor markets. In a jurisdiction on the other side of the globe, the KFTC issued an administrative decision against Qualcomm on December 28, 2016, concluding that the company employed an “unfair business model” with respect to the licensing of its 2G, 3G, and 4G standard-essential patents and th…

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