Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Thursday, June 5, 2008

Standard-Setting Policies and the Rule of Reason: When Does the Shield Become a Sword?

Posted by D. Daniel Sokol

Jennifer Driscoll (Mayer Brown) asks about Standard-Setting Policies and the Rule of Reason: When Does the Shield Become a Sword?

ABSTRACT: The rewards and pitfalls of standard setting conjure images of the legend of Damocles. From afar, the benefits of a “collaborative standard-setting process [that] enable[s] industry participants to share knowledge and develop a best-of-breed product or process” (Barnett, 2006) appear enormously attractive.

The widespread acceptance of a standard that promotes product interoperability “may expand the availability of a technology and ancillary products and services by enabling more firms to rapidly enter and serve the market,” thus “impart[ing] pro-competitive benefits to markets and their participants, both producers and consumers, by capitalizing on the ‘network effects’ at play in an advanced industrial economy” (Carvill & Khoja, 2003).

Despite these substantial rewards, the specter of patent holdup looms as an ever-present threat.

http://lawprofessors.typepad.com/antitrustprof_blog/2008/06/standard-settin.html

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Comments

Nice link! Could be a nice paper. But there is no way we could download it (only open for suscribers). What a pity!! Regards, francisco

Posted by: Francisco | Jun 5, 2008 8:13:07 AM

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