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How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential Patents

BY | December 21, 2020

Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk of anticompetitive effects in wireless communications markets. Based…

Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk of anticompetitive effects in wireless communications markets. Based on this theoretical possibility, regulators have pursued far-reaching changes in the licensing relationships between innovators and implementers. Regulators have largely failed to secure these objectives due to difficulties in satisfying courts’ demands for ev

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