Washington — The Computer & Communications Industry Association joined 20 other companies and associations in a letter encouraging the Federal Trade Commissioners to seek en banc rehearing of its case against Qualcomm. The FTC rightly asserted in its case that Qualcomm’s licensing practices were anticompetitive, hurt rivals and enhanced their monopoly. The trial court judge agreed with the FTC’s assertions. However, the Ninth Circuit’s panel decision in August misinterpreted the facts of the case in order to find Qualcomm not liable for any abusive, anticompetitive acts.
Last year, CCIA filed an amicus brief supporting the FTC’s case.
The following can be attributed to CCIA patent counsel Josh Landau:
“We urge the FTC to continue its efforts to protect consumers and innovation by ensuring that the law is correctly applied in this case. Unfortunately, the 9th Circuit panel’s opinion ignores the facts and misapplies the law. The tech industry is concerned that if this faulty precedent is allowed to stand it would endanger competition and the FTC’s ability to protect consumers with antitrust enforcement action against future cases of standards abuse.”