FTC v. Qualcomm (2017-2020)
The FTC sued Qualcomm under chair Edith Ramirez, accusing the chipmaker of monopolizing modem markets through its 'no license, no chips' policy and refusing to license rivals. Judge Lucy Koh ruled for the FTC in 2019 and ordered Qualcomm to renegotiate its licenses globally.
Qualcomm appealed and the 9th Circuit unanimously reversed in 2020, finding that hyper-competitive conduct is not the same as anticompetitive conduct.
The ruling raised the bar for FTC chip-licensing cases. It left unclear when a dominant IP holder's licensing decisions cross into illegal monopolization.
The FTC must navigate the same legal terrain in the Arm case. Its theory of harm will likely mirror the Qualcomm playbook, but it has to avoid the 9th Circuit reasoning that doomed the earlier case.
