Damien Geradin, Anne Layne-Farrar, Apr 19, 2007
Some scholars have questioned the process by which cooperative standards are typically set, worrying about the potential for anticompetitive market power to come hand in hand with pro-competitive interoperability. To combat the perceived problems of ex post opportunism, the suggested solutions have focused on promoting procedures to facilitate ex ante competition. Since standards are generally desirable and competition often exists beforehand, many have argued that we need only formalize the ex ante competitive status quo to avoid any ex post market power trouble. Options proposed in the literature include ex ante auctions to be held during the standard definition phase or binding ex ante licensing commitments made before any vote on technologies occurs. We evaluate the various policy changes suggested with a particular eye to their unintended consequences and costs. Certainly the ex ante proposals would hold some appeal, if ex ante competition generally did not exist in their absence, but we find that they are problematic in important ways. We argue that not only are they not needed, they would tend to create more harm than good if implemented.Registered users can read the complete article by clicking on the link in the column on the left.
Featured News
DOJ Official Highlights Role of Antitrust and Intellectual Property in Driving US Innovation
Mar 26, 2026 by
CPI
US Judge Dismisses X Lawsuit Alleging Advertising Boycott
Mar 26, 2026 by
CPI
Congress Passes Bill to Unfreeze Billions in Small Business R&D Funding
Mar 26, 2026 by
CPI
EU Charges Major Adult Platforms Over Child Safety Failures Under Digital Services Act
Mar 26, 2026 by
CPI
European Regulators Target Snapchat Over Alleged Safety Failures
Mar 26, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Competitor Collaborations
Mar 26, 2026 by
CPI
Between Scylla and Charybdis – Navigating Transatlantic Antitrust Currents
Mar 26, 2026 by
Tilman Kuhn & Niklas Brüggemann
Cartel Enforcement Moves Into the Labor Market: Trends and Implications
Mar 26, 2026 by
Andreas Kafetzopoulos & Caroline Janssens
Rethinking Buy-Side Antitrust “Group Boycotts”
Mar 26, 2026 by
Craig Falls & Brendan McGuire
Positive Collaborations: The Tools Available to Competition Authorities to Encourage Beneficial Interactions Between Competitors
Mar 26, 2026 by
Rona Bar-Isaac & Thomas Withers