Thoughts On Google’s FTC Settlement

Law360, New York (January 04, 2013, 4:42 PM ET) — On Jan. 3, 2013, the Federal
Trade Commission ended its highly publicized and wide-ranging investigation into
Google Inc.’s business practices with an enforcement action that has been described by
some as a “slap on the wrist.”[1] The enforcement action was limited to an order under
which Google will not seek injunctions or exclusionary orders to enforce patent rights
that are essential to certain technology standards if Google has committed to license
those patents under fair, reasonable and nondiscriminatory (FRAND) terms. The FTC
took no formal action against Google with respect to its Internet search practices and
closed its investigation with a voluntary commitment by Google to modify some of
these practices. Commissioners J. Thomas Rosch and Maureen Ohlhausen wrote
separate statements critical of the majority’s views.