Wright zu SSOs, FRAND und Kartellrecht

In my view, the antitrust laws are not well suited to govern contract disputes between private parties in light of remedies available under contract or patent law. The same concerns extend to attempts by antitrust agencies to influence SSOs’ IPR policies … Antitrust enforcement remains available in cases of true anticompetitive price-fixing or deceptively manipulating standards. In the absence of robust empirical evidence to suggest that SSOs’ adaptation of their IPR policies over time have been inadequate in minimizing the probability of hold-up, there is little reason to bring to bear the blunt weaponry of antitrust rules and remedies to micromanage the competitive process in the name of improving SSO contracts.