How The FTC Has Erred On Innovation Policy Issues

Law360, New York (September 13, 2017, 12:44 PM EDT) -- In a recent article, Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” This critique goes to the very core of the raison d’etre of the agency. From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention.

The trigger for Ohlhausen’s missive is the intervention of antitrust agencies around the world to thwart owners of standard essential patents from enjoining infringement by putative “willing licensees” when the SEPs are...

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