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Research Handbook on International Competition Law

Research Handbook on International Competition Law

Elgar original reference

Edited by Ariel Ezrachi

This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.

Chapter 19: Recent US FTC antitrust–IP interface developments

Alden F Abbott and Dina Kallay

Subjects: law - academic, competition and antitrust law, international economic law, trade law, public international law


During the past year the US Federal Trade Commission (‘FTC’) devoted significant resources to patent issues that affect competition, and particularly to the thorny problem of ‘hold-ups’ by firms seeking to obtain higher patent royalty payments from firms that have already made ‘sunk expenditures’ and thus have become ‘locked in’ to technologies based on standards that are covered by those patents. In March 2011, the FTC released a report on the ‘evolving IP marketplace’, which (among other topics) suggests a method for assessing patent infringement damages designed to discourage hold-ups made possible by widely adopted standards. Three months later, in June 2011, the FTC convened a one-day workshop to examine the legal and policy issues surrounding the problem of potential patent hold-ups when patented technologies are included in collaborative standards. In this chapter, we review these two FTC initiatives. We then place them in a broader international context by briefly assessing provisions designed to prevent standards-related hold-ups found in the European Commission’s (EC) January 2011 guidelines on ‘horizontal cooperation agreements’ (‘EC Horizontal Guidelines’). The FTC and EC initiatives may inspire further international efforts to devise efficient norms for avoiding competitive harm associated with standard setting.

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