The Fair, Reasonable, and Non-Discriminatory (FRAND) principle is a commonly applied framework to balance the interests of parties within industries or markets that may be susceptible to anticompetitive market power. In recent years, FRAND commitments have been used frequently by competition authorities as behavioral remedies in merger control to address competition concerns. With the growing usage of FRAND remedies for merger control in jurisdictions like China, experts expect economic analysis will play a significant role in the compliance assessment of merger remedies.

Associate Dr. Angela Gunn coauthored an article, “FRAND Remedies in China’s Merger Control: An Economic Perspective,” which was recently published in The Antitrust Source. The authors discuss some of the nuances of applying the FRAND principle to merger control in China and the economic analytical tools that can help provide effective assessments of FRAND remedy compliance.

The full article is available below.

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