FTC's Antitrust Win Against Qualcomm Should Not Stand

Law360 (July 29, 2019, 4:08 PM EDT) -- The U.S. Court of Appeals for the Ninth Circuit in San Francisco will decide America’s 5G future when it considers Qualcomm’s appeal of an antitrust remedy urged by the Federal Trade Commission.

The FTC’s economically dubious victory against the American standard bearer in mobile phone technologies has resulted, in my view, in a myopic and improvident lower-court order apt to disincent technology development and create confusion in the mobile phone technology marketplace. The Ninth Circuit ought to stay, and ultimately overturn, U.S. District Judge Lucy Koh’s injunction lest it hurt competition and transfer American leadership in 5G wireless technology to Huawei....

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