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Delrahim’s Antitrust Approach To FRAND Still Problematic

Law360 (June 7, 2019, 6:34 PM EDT) -- On June 6, 2019, the Organization for Economic Cooperation and Development held a roundtable in Paris titled “Licensing of IP Rights and Competition Law,” at which Assistant Attorney General Makan Delrahim delivered his most recent speech setting out the U.S. Department of Justice Antitrust Division’s views on whether patent owners violate U.S. antitrust law when they breach their commitments to license standard-essential patents on fair, reasonable and nondiscriminatory terms.[1]

Titled “Don’t Stop Thinking About Tomorrow: Promoting Innovation by Ensuring Market-Based Application of Antitrust to Intellectual Property," the speech (like several others Delrahim has given)[2] takes its name from a classic rock song —...

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