Merger Approval of Google-Motorola Mobility and the Failure of FRAND

(by Bruce Lyons) The European Commission and US DoJ have approved a (mainly) vertical acquisition of Motorola Mobility (MM) by Google because the specific transaction would not lessen competition.  They did so with weary resignation that it is part of the patent arms race into which they will be drawn to adjudicate in the coming months and years.  The underlying problem is that ‘fair, reasonable and non-discriminatory’ (FRAND) royalty commitments are not fit for purpose as part of standard setting agreements.