IP Licensing and Antitrust: The DOJ/FTC Guidelines
January 3, 2017
Licensing intellectual property can have an “anti-competitive” effect, but not necessarily. How does a company, whether potential plaintiff or defendant – and more to the point, how do regulators – sort this out? To provide an answer, late last year the Department of Justice and the Federal Trade Commission issued a proposed update of their jointly issued “Antitrust Guidelines for the Licensing of Intellectual Property,” to replace guidelines last issued more than 20 years go. Freeborn & Peters antitrust litigator Jeffery Cross takes a look at what they had to say.
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