Title
FTC v. RAMBUS: Time to Reexamine Standard Setting Rules
Author
David Balto
Date
1/01/2005
(Original Publish Date: 9/25/2002)
(Original Publish Date: 9/25/2002)
Abstract
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.
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