Tech, Consumer, Auto Groups Ask FTC to Appeal Qualcomm Decision
The FTC should seek an en banc rehearing of the 9th U.S. Circuit Court of Appeals’ decision in FTC v. Qualcomm (see 2008190043), “which undermines longstanding U.S. law and policy and wrongly applies competition law,” some 20 groups and companies…
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wrote the agency Monday. ACT|The App Association, Center for Democracy & Technology, Computer & Communications Industry Association, Engine, Ford, Honda, HP, Intel, MediaTek, Open Markets Institute, Public Knowledge, R Street Institute, the Software & Information Industry Association and Tesla signed. The decision “misapplies competition law to the facts of the case, was particularly misguided in asserting that Qualcomm’s breach of its [fair, reasonable, and nondiscriminatory] FRAND commitments did not impair rivals, controverts existing Ninth Circuit precedent, and undermines the critical role standards play in facilitating competition and innovation,” they wrote. The agency didn’t comment.