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“That’s What Frands Are For”: The Antitrust Boundaries Of The Patent Holdup Problem

BY | November 20, 2017

By Giorgio Corda & Antonio Nicita In recent times, antitrust agencies seem to be willing to limit the scope of antitrust liability for SEP holders who seek injunctions against implementers.…

By Giorgio Corda & Antonio Nicita

In recent times, antitrust agencies seem to be willing to limit the scope of antitrust liability for SEP holders who seek injunctions against implementers. We welcome this policy shift as past approaches granting “FRAND defense” for licensees against SEP holders’ injunction, may generate strong incentives for a reverse holdup against SEP holders.

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