Tying and Exclusion in FRAND Licensing: Evaluating Qualcomm

Erik Hovenkamp and Timothy Simcoe discuss some novel perspectives arising from District Court Judge Lucy Koh’s recent ruling against Qualcomm, including how the tying relationship between modem chips and licenses generally goes in the opposite direction of how most commentators characterize it, how Qualcomm’s FRAND licensing commitments bear on the antitrust analysis, and how FRAND might have been used to better justify finding an antitrust duty-to-deal with competitors.

Interview with Maneesha Mithal, Associate Director, Division of Privacy and Identity Protection, Federal Trade Commission

Maneesha Mithal, Associate Director, FTC Privacy and Identity Protection Division, talks with Antitrust Source editor Randy Shaheen about the growing regulatory emphasis on privacy protection, consumer education, enforcement and remedies, finding the right balance in rulemaking, responding to CIDs after a data breach, interaction with the FTC Bureau of Competition, and more.

Platform Conduct: Navigating New Grounds

Eric Hochstadt, Yehudah Buchweitz, and Eric Rivas analyze three aspects of unilateral conduct that enforcers should consider when assessing two-sided platforms: the market should be defined by substitutability of alternative products and services, potential harm to competition should be evaluated on both sides of the platform, and exclusionary effects should be determined by whether customers are deprived of making a meaningful choice to use a dominant platform’s rivals.