OECD Competition Committee Roundtable on 'Licensing of IP Rights and Competition Law' (June 6, 2019)
13 Pages Posted: 4 Jun 2019
Date Written: May 13, 2019
This note provides an economic approach to antitrust analysis of differential pricing (here, used synonymously with “price discrimination”) and discriminatory refusals to license; grantbacks and cross-licenses; and no-challenge clauses. The analysis applies to both intellectual property rights (IPRs) in general, as well as to standard-essential patents (SEP) as to which the holder has made a commitment to license on fair, reasonable, and nondiscriminatory (FRAND) terms. This note also addresses the alleged “patent thicket” problem and the ex-ante incremental (or “inherent”) value approach to SEP valuation.
Keywords: price discrimination, discriminatory refusals to license, grantbacks, cross-licenses, no-challenge clauses; SEPs, FRAND, patent thickets, ex-ante incremental value
JEL Classification: K21, L4, L5
Suggested Citation: Suggested Citation