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Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Working Papers
So-called “reasonable and nondiscriminatory” (RAND) licensing commitments have been utilized by standards-development organizations (SDOs) for years in an attempt to alleviate the risk of patent hold-up in standard-setting. These commitments, however, have proven to be vague and offer few assurances to product vendors or patent holders. A recent surge of international litigation concerning RAND commitments has brought this issue to the attention of regulators, industry and the public, and many agree that a better approach is needed. In this paper, I identify seven “first principles” that underlie the licensing and enforcement of standards-essential patents (SEP)s. These can be summarized as …
Why Price Correlations Don't Define Antitrust Markets: On Econometric Algorithms For Market Definition, Jonathan Baker
Why Price Correlations Don't Define Antitrust Markets: On Econometric Algorithms For Market Definition, Jonathan Baker
Working Papers
This paper compares two econometric methods that have been proposed for market definition: price correlations and residual demand curve estimation. Econometric theory is used to demonstrate that price correlations among firms will likely contain little or no information relevant to defining antitrust markets, under the assumption that a hypothetical cartel facing a downward sloping residual demand curve constitutes an antitrust market (defined according to the DOJ Guidelines). Hence price correlation analyses are likely to have little value for antitrust market definition. In terms of the literature on empirical techniques for market definition, this paper shows that if the econometric market …