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STANDARD-SETTING, INNOVATION SPECIALISTS AND COMPETITION POLICY -super-

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  • RICHARD SCHMALENSEE

Abstract

Using a simple model of patent licensing followed by product-market competition, this paper investigates several competition policy questions related to standard-setting organizations (SSO's). It concludes that competition policy should not favor patent-holders who practice their patents against innovation specialists who do not, that SSO's should not be required to conduct auctions among patent-holders before standards are set in order to determine post-standard royalty rates (though less formal ex ante competition should be encouraged), and that antitrust policy should not allow or encourage collective negotiation of patent royalty rates. Some recent policy developments in this area are discussed. Copyright 2009 The Authors. Journal compilation 2009 Blackwell Publishing Ltd. and the Editorial Board of The Journal of Industrial Economics.

Suggested Citation

  • Richard Schmalensee, 2009. "STANDARD-SETTING, INNOVATION SPECIALISTS AND COMPETITION POLICY -super-," Journal of Industrial Economics, Wiley Blackwell, vol. 57(3), pages 526-552, September.
  • Handle: RePEc:bla:jindec:v:57:y:2009:i:3:p:526-552
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    References listed on IDEAS

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    1. Shapiro, Carl, 2006. "Injunctions, Hold-Up, and Patent Royalties," Competition Policy Center, Working Paper Series qt6px3m1rb, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
    2. Damien Geradin & Anne Layne-Farrar, 2007. "The Logic and Limits of Ex Ante Competition in a Standard-Setting Environment," CPI Journal, Competition Policy International, vol. 3.
    3. Benjamin Chiao & Josh Lerner & Jean Tirole, 2007. "The rules of standard-setting organizations: an empirical analysis," RAND Journal of Economics, RAND Corporation, vol. 38(4), pages 905-930, December.
    4. Layne-Farrar, Anna & Padilla, Atilano Jorge & Schmalensee, Richard, 2007. "Pricing Patents for Licensing in Standard Setting Organisations: Making Sense of FRAND Commitments," CEPR Discussion Papers 6025, C.E.P.R. Discussion Papers.
    5. B. Douglas Bernheim & Michael D. Whinston, 1986. "Menu Auctions, Resource Allocation, and Economic Influence," The Quarterly Journal of Economics, Oxford University Press, vol. 101(1), pages 1-31.
    6. Marc Rysman & Timothy Simcoe, 2008. "Patents and the Performance of Voluntary Standard-Setting Organizations," Management Science, INFORMS, vol. 54(11), pages 1920-1934, November.
    7. repec:oup:jcomle:v:5:y:2009:i:3:p:469-516. is not listed on IDEAS
    8. Sung-Hwan Kim, 2004. "Vertical Structure and Patent Pools," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 25(3), pages 231-250, July.
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    Cited by:

    1. Hussinger, Katrin & Schwiebacher, Franz, 2013. "The value of disclosing IPR to open standard setting organizations," ZEW Discussion Papers 13-060, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
    2. Mathias Dewatripont & Patrick Legros, 2013. "‘Essential’ Patents, FRAND Royalties and Technological Standards," Journal of Industrial Economics, Wiley Blackwell, vol. 61(4), pages 913-937, December.
    3. Jens Leth Hougaard & Chiu Yu Ko & Xuyao Zhang, 2017. "A Welfare Economic Interpretation of FRAND," IFRO Working Paper 2017/04, University of Copenhagen, Department of Food and Resource Economics.
    4. ., 2013. "Diversity and the evolution of competitive economic systems," Chapters,in: Competition, Diversity and Economic Performance, chapter 6, pages 109-131 Edward Elgar Publishing.
    5. Spulber, Daniel F., 2016. "Patent licensing and bargaining with innovative complements and substitutes," Research in Economics, Elsevier, vol. 70(4), pages 693-713.
    6. Mireille Chiroleu-Assouline, 2016. "Multiple Standards: the Case of the French Building Industry," Policy Papers 2016.08, FAERE - French Association of Environmental and Resource Economists.
    7. Dequiedt, Vianney & Versaevel, Bruno, 2013. "Patent pools and dynamic R&D incentives," International Review of Law and Economics, Elsevier, vol. 36(C), pages 59-69.

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