Best FRANDs Forever? Standard-Setting Antitrust Enforcement in the United States and the European Union

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23 Antitrust No. 3

AN T I T R U S T  T R E A T M E N T  O F conduct in the standard-setting context has long been an important and controversial topic at the intersection of intellectual property and antitrust law. Recent developments in the United States and Europe highlight differences in the treatment of standard-setting conduct between these jurisdictions, particularly patent “hold ups,” and suggest that new enforcement initiatives in this area are likely to emerge soon.

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