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Title: "Recognizing the Procompetitive Potential of Royalty Discussions in Standard Setting"
Author: Deborah Platt Majoras Chairman, U.S. Federal Trade Commissions
Source: Federal Trade Commission
Publication Date: September 23 2005
Free/Fee: Free Access
Reads: 15189
Abstract: In this speech, the Chairman of the FTC makes a rare public statement directed at reassuring the standard setting community in the United States regarding the FTC's views on certain discussions that are currently the subject of great debate within the standard setting community in general, and within certain organizations (such as the IEEE) in particular. The Chairman specifically conveys the FTC's view that the so-called "ex ante" (or before final approval of a new standard) disclosure by patent owners of the licensing terms (including royalties or other fees) on which they would be willing to make their patents available, and the discussion of those terms within the standard setting process, could be viewed as being pro-competitive, and therefore beneficial by the FTC. The Chairman stresses that such discussions would be viewed carefully by the FTC to ensure that they would not be the source of abusive behavior. This statement is doubly significant due to the great caution with which ex ante discussions have traditionally been viewed by those involved in the standard setting process.
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