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Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
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Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 June 2021

Supporting Standard-Setting Organizations

Supporting Standard-Setting Organizations

Innovation for the 21st Century

Michael A. Carrier

Oxford University Press

A standard is a common platform that allows products to work together. This chapter begins by describing the various types of standard-setting. It then offers a brief history of antitrust treatment of standard-setting organizations (SSOs). It sets forth the anticompetitive concerns of standard-setting, including the harm posed by buyer power known as monopsony. It compares these concerns to the significant procompetitive benefits that SSOs and their IP rules offer. It concludes by calling for Rule-of-Reason analysis for SSOs.

Keywords:   standards, standard setting, SSO, patents, competition, antitrust, interoperability, reasonable and nondiscriminatory, patent holdup, monopsony

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