Standard-Setting, Innovation Specialists, and Competition Policy
34 Pages Posted: 12 Aug 2008 Last revised: 4 May 2009
Date Written: April 30, 2009
Abstract
Using a simple model of patent licensing followed by product-market competition, this paper investigates several competition policy questions related to standard-setting organizations (SSOs). It concludes that competition policy should not favor patent-holders who practice their patents against innovation specialists who do not, that SSOs should not be required to conduct auctions among patent-holders before standards are set in order to determine post-standard royalty rates (though less formal ex ante competition should be encouraged), and that antitrust policy should not allow or encourage collective negotiation of patent royalty rates. Some recent policy developments in this area are discussed.
Keywords: antitrust, standards, innovation, patent, industrial organization
JEL Classification: K21, L40, O38
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Recommended Papers
-
Intellectual Property Rights and Standard-Setting Organizations
-
Patent Holdup and Royalty Stacking
By Mark A. Lemley and Carl Shapiro
-
Reply: Patent Holdup and Royalty Stacking
By Mark A. Lemley and Carl Shapiro
-
Patents and the Performance of Voluntary Standard Setting Organizations
By Marc Rysman and Timothy Simcoe
-
The Rules of Standard Setting Organizations: An Empirical Analysis
By Benjamin Chiao, Jean Tirole, ...
-
The Rules of Standard Setting Organizations: An Empirical Analysis
By Benjamin Chiao, Jean Tirole, ...
-
The Rules of Standard Setting Organizations: An Empirical Analysis
By Benjamin Chiao, Josh Lerner, ...
-
A Model of Forum Shopping, with Special Reference to Standard Setting Organizations
By Jean Tirole and Josh Lerner
-
A Model of Forum Shopping, with Special Reference to Standard Setting Organizations
By Jean Tirole and Josh Lerner
-
To Join or Not to Join: Examining Patent Pool Participation and Rent Sharing Rules
By Anne Layne-farrar and Josh Lerner