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Patent Licensing in Connection with a Standard: Avoiding Antitrust Violations

By William K. Wells and Benjamin Hershkowitz
January 03, 2005

Patent and Antitrust: Appreciating Their Similarities and Differences

Antitrust laws are designed to protect consumers' rights. The Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) and private parties may take legal action against businesses that gain an unfair business advantage through the use of a monopolistic market power or other agreements that unfairly restrain trade. In other words, antitrust laws deter unfair advantages gained by businesses due to monopolistic market power.

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