IDEAS home Printed from https://ideas.repec.org/a/taf/recjxx/v18y2022i3p459-467.html
   My bibliography  Save this article

Restoring the promise of competition: ex ante pro-competitive regulation of FRAND access to SEPs

Author

Listed:
  • Philip Marsden

Abstract

Overseeing digital gatekeepers through ex post competition law is too slow and too complicated to prevent serious exclusionary and exploitative harm. To provide greater contestability and fairness in digital markets, new European laws introduce complementary ex ante pro-competitive regulation. Differing forms of intellectual property innovation are crucial for the increasing digitization of markets, particularly involving the Internet of Things. When intellectual property “gatekeepers” thwart willing implementers’ access to standards by seeking injunctions, ex post competition law enforcement is too slow and complicated to prevent serious exclusionary and exploitative harm. Ex ante regulation could ensure re-instatement of the pro-competitive promise of FRAND access that ensures fair, contestable and innovative markets.

Suggested Citation

  • Philip Marsden, 2022. "Restoring the promise of competition: ex ante pro-competitive regulation of FRAND access to SEPs," European Competition Journal, Taylor & Francis Journals, vol. 18(3), pages 459-467, September.
    • Handle: RePEc:taf:recjxx:v:18:y:2022:i:3:p:459-467
    DOI: 10.1080/17441056.2022.2136852
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1080/17441056.2022.2136852
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1080/17441056.2022.2136852?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:taf:recjxx:v:18:y:2022:i:3:p:459-467. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Longhurst (email available below). General contact details of provider: http://www.tandfonline.com/recj .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.