Applying Section 2 to Frand Violations: “It’s Elementary, My Dear Watson”

Many well-reasoned cases have concluded that a holder of standard-essential patents (“SEPs”) subject to a commitment to license on fair, reasonable, and nondiscriminatory (“FRAND”) terms may violate section 2 of the Sherman Act by breaching that FRAND commitment. However, a small but vocal minority has increasingly questioned that view, relying on Rambus, where the D.C. Circuit overturned an FTC order finding that Rambus engaged in unlawful monopolization due to its failure to disclose i