Study on standard-setting and antitrust law

Standard-setting is a global process that bestows inestimable benefits on society. It is Janus-faced, if it is misused, can block entry and increase costs by excluding new innovative products and services. Technical standards are often subject to massively overlapping patent protections. Antitrust and Intellectual Property Laws have the same ultimate goal: "Work together to promote consumer welfare."' To accomplish this goal, antitrust policy should take patent policy into account. Requiring SSOs to require ex ante disclosure of patents to be incorporated into a standard and associated license terms, and to permit discussion of those license terms, would promote informed decision-making and thereby promote consumer welfare.