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Are Fair, Reasonable And Nondiscriminatory (Frand) Commitments Applicable Outside The Standard Essential Patents (Seps) Domain? €” An Economic Perspective

Author

Listed:
  • JIA LE NG

    (Competition and Consumer Commission of Singapore (CCCS), Singapore)

  • MARCEL TAN

    (Competition and Consumer Commission of Singapore (CCCS), Singapore)

  • WENG LOONG KONG

    (Competition and Consumer Commission of Singapore (CCCS), Singapore)

Abstract

To date, the Competition and Consumer Commission of Singapore (CCCS) has dealt with two cases that involved fair, reasonable and nondiscriminatory (FRAND) commitments in order to resolve the competition concerns identified. While the application of FRAND commitments outside the standard essential patents (SEPs) domain remains limited globally, we show that the circumstances that give rise to the economic justification for the use of FRAND commitments in SEP cases are not unique. Instead, such circumstances are also present in some non-SEP cases such as those involving vertical effects in mergers and acquisitions, or abuse of dominance conduct such as refusal to supply. Therefore, FRAND commitments remain a viable behavioral remedy in addressing competition concerns.

Suggested Citation

  • Jia Le Ng & Marcel Tan & Weng Loong Kong, 2022. "Are Fair, Reasonable And Nondiscriminatory (Frand) Commitments Applicable Outside The Standard Essential Patents (Seps) Domain? €” An Economic Perspective," The Singapore Economic Review (SER), World Scientific Publishing Co. Pte. Ltd., vol. 67(05), pages 1725-1757, September.
    • Handle: RePEc:wsi:serxxx:v:67:y:2022:i:05:n:s0217590822430019
    DOI: 10.1142/S0217590822430019
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    More about this item

    Keywords

    Intellectual property; standard setting organizations; fair; reasonable; nondiscriminatory; FRAND;
    All these keywords.

    JEL classification:

    • L15 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Information and Product Quality
    • L24 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Contracting Out; Joint Ventures

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