Intellectual Property Rights and Competition in Standard Setting

This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and US jurisdictions with a particular focus on the IT and telecommunication industries. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSO members which may breach the EU and US antitrust provisions on abuse of market power. Recent developments in EU and US standard setting are analyzed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.