A Flexible Approach to RAND Licensing

Mikko Valimaki, Helsinki University of Technology; University of Eastern Piedmont

9/19/2008
(Original Publish Date: 3/31/2008)

This article discusses the meaning of reasonable and non-discriminatory (RAND) licensing terms in standards from European competition law perspective. Building on the Microsoft case, the article argues that the competition law assessment of RAND must take into account the licensing environment where the standard is used. The proposed flexible case-by-case approach to RAND would be also economically justified.