Tag: FRAND

2019Technology Law

Apple Bites Back: An Antitrust Analysis of Qualcomm’s Licensing Practices

Marie Weisfeiler Both Apple and the Federal Trade Commission filed lawsuits against Qualcomm alleging antitrust violations. Specifically, both alleged that Qualcomm used its monopoly power to engage in unfair licensing practices and create an exclusive deal with Apple, in violation of its industry commitment to use fair practices in licensing its patents. This essay compares Qualcomm’s practices to those of Microsoft in 1998, which, because of Microsoft’s restrictive licensing and exclusive deals, were deemed to have violated the Sherman Act. It then considers the implications for licensing, technology, and antitrust law if a similar case is litigated in the future....