The Federal Trade Commission on Monday asked the Supreme Court to review the U.S. Court of Appeals for the District of Columbia Circuit’s April decision in the agency's case against Rambus. The FTC had determined that computer memory manufacturer engaged in unlawful market monopolization. Judge Stephen Williams wrote that the FTC “failed to sustain its allegation” that Rambus, while participating in a standards-setting process for dynamic random access memory deceptively hid the fact that four of its technologies were incorporated into the standard.
Commissioners voted unanimously in August 2006 that Rambus distorted the standards process and engaged in an anticompetitive “hold up” of the computer memory industry. The agency charged Rambus with the antitrust violation in June 2002. In its request to the Supremes, the FTC argued that the appeals court erred in its conclusions respecting causation; the court of appeals took an improperly narrow view of competitive effects; and review is needed to clarify and ensure uniformity on fundamental issues of antitrust jurisprudence.
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