As the open-source movement becomes increasingly mainstream, additional antitrust scrutiny should be expected. This article seeks to illuminate some of the antitrust issues that may arise in this unique setting. In particular, participants in OSS platforms should be mindful of the various antitrust issues that have arisen in the contexts of standard-setting organizations and patent pools, including allegations of collusive behavior or monopolization in the development of the applicable standards and of misleading or deceptive conduct. Although there are important differences between the two settings, in part, due to open source's inherent tension with intellectual property, similar potential competitive concerns may exist.
展开▼
