Abstract

Standard-setting organizations (SSOs) typically require fair, reasonable, and non- discriminatory (F/Rand) commitments from owners of standard-essential patents (SEPs) in order to reduce the risk of hold up and ensure the availability of technologies needed to practice the standard. F/Rand commitments have taken on increasing importance as courts have been called upon to decide what they mean. This article reviews the recent Us and Eu caselaw in order to assess the proper role for the antitrust into the standardisation process.