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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 179.61+4.0%1:05 PM EST

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From: waitwatchwander8/4/2019 9:28:41 PM
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John Hayman

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The Roles of the DOJ and FTC

Before turning to how the DOJ and FTC have previously addressed patent hold-up, it is worth briefly examining the dual roles of the DOJ and FTC in enforcing the antitrust laws.

Among other statutes, the DOJ Antitrust Division is charged with criminal and civil enforcement under the Sherman Act and civil enforcement under the Clayton Act. The DOJ also provides guidance on the application of antitrust laws, including by issuing business review letters advising on how it may respond to particular proposed joint ventures or other business conduct.

The FTC was created with the passage of the FTC Act, which directs the agency to prevent “unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.” 15 U.S.C. § 45(a)(2). As interpreted by the FTC, Section 5 of the FTC Act “encompasses not only those acts and practices that violate the Sherman or Clayton Act but also those that contravene the spirit of the antitrust laws and those that, if allowed to mature or complete, could violate the Sherman or Clayton Act.” Unlike the DOJ, the FTC does not conduct criminal enforcement.

The jurisdictions and roles of the FTC and DOJ thus overlap, including in merger reviews, investigations of anticompetitive conduct, and offering guidance on the antitrust laws. The agencies employ a “clearance” process to ensure that they do not undertake duplicative investigations that would, among other problems, subject targets to competing demands from the agencies and potentially lead to conflicting outcomes.

When it comes to the intersection of antitrust and intellectual property, both agencies have oversight responsibilities and they have collaborated to issue guidance on their shared approach to enforcement. For example, in 1995, the agencies jointly issued Antitrust Guidelines for the Licensing of Intellectual Propertysetting forth their policy on antitrust treatment of licensing intellectual property.

More at : ipwatchdog.com

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