FTC v. RAMBUS: Time to Reexamine Standard Setting Rules

David Balto

1/01/2005
(Original Publish Date: 9/25/2002)

Some have questioned the significance and adequacy of the Commission's 1996 enforcement action against Dell Computer, the first antitrust case to challenge a firm's failure to disclose its IP rights to a standard setting body. The decision triggered a flood of public comments and later academic commentary suggesting the Commission was insufficiently clear about the basis for harm, or was imposing too great a duty to search on firms that participate in standard setting endeavors. In the context of a consent order, with a limited factual record and a fairly sparse complaint, Dell was a valiant first effort.