Tying and Bundling Involving Standard-Essential Patents

Posted by Social Science Research Network

Tying and Bundling Involving Standard-Essential Patents

By Koren W. Wong-Ervin, Evan Hicks & Ariel Slonim (George Mason University)

Abstract:        Competition agencies around the world, including in Canada, China, India, Japan, Korea, and the United States (at least prior to the current administration), have taken the unwarranted position that antitrust enforcement involving standard-essential patents (SEPs) upon which a patent holder has made an assurance to license on fair, reasonable, and nondiscriminatory (FRAND) terms should be subj…

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