ARE FAIR, REASONABLE AND NONDISCRIMINATORY (FRAND) COMMITMENTS APPLICABLE OUTSIDE THE STANDARD ESSENTIAL PATENTS (SEPS) DOMAIN? — AN ECONOMIC PERSPECTIVE

Jia Le Ng, Marcel Tan () and Weng Loong Kong ()
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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

The Singapore Economic Review (SER), 2022, vol. 67, issue 05, 1725-1757

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.

Keywords: Intellectual property; standard setting organizations; fair; reasonable; nondiscriminatory; FRAND (search for similar items in EconPapers)
JEL-codes: L15 L24 (search for similar items in EconPapers)
Date: 2022
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DOI: 10.1142/S0217590822430019

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