Antitrust and the Internet Standardization Problem

Details

Author(s):
Publish Date:
1996
Publication Title:
Connecticut Law Review
Format:
Journal Article Volume 28 Page(s) 1041-1094
Citation(s):
  • Mark A. Lemley, Antitrust and the Internet Standardization Problem, 28 Connecticut Law Review 1041 (1996).

Abstract

This article evaluates the economics of the Internet and Internet-related software markets, which are heavily driven towards standardization. It suggests that a traditional section 2 antitrust analysis will fail to effectively regulate competition in such a market, particularly if it is directed at structural relief. Instead, the article recommends that section 2 play a limited role in regulating conduct in a standards competition. The article also suggests that private standard-setting may play a procompetitive role in the Internet context, and that section 1 should be relaxed in order to permit such joint activity (within certain limits).