FRAND 선언에 반하는 행위에 대한 미국 반트러스트법의 규제

The U.S. Antitrust law regulates the abuse of economic power to ensure fair competition in the market. The law falls under Korea's Fair Trade Act. U.S. Antitrust law, in particular, can be regulated against acts contrary to the FRAND declaration. The FRAND Declaration promises to provide fair and reasonable and non-discriminatory licensing conditions to other companies that wish to use patent technology when proposing it as a standard essential patent. However, companies with standard essential patents may violate FRAND conditions and impose unreasonable conditions on other companies. The U.S. Antitrust law regulates such acts against the FRAND declaration. For example, if a company with patented technology imposes excessive patent costs on other companies without complying with the FRAND conditions, this can be seen as an act of limiting competition and obstructing fair competition in the market. Regarding the FRAND declaration, there were some differences between the U.S. governments in the degree to which the U.S. Antitrust law was applied. The Obama administration implemented regulatory policies to maintain a fair competitive order in the market, and the Trump administration implemented some easing policies, but the Biden administration returned to the Obama administration's policies. In conclusion, competition law will be an important regulatory tool to prevent abuse of economic power and protect the interests of consumers and companies if acts contrary to the FRAND declaration are recognized as abuse of economic power to prevent fair competition in the market.