FTC files a petition for certiorari with the U.S. Supreme Court in Rambus

On 24 November 2008 the FTC filed a petition for a certiorari with the U.S. Supreme Court that seeks the review of the D.C. Circuit decision in Rambus v. FTC. The D.C. Circuit granted Rambus’s petition for review and vacated the Commission’s order to cease and desist.

The petition argues that the D.C. Circuit erred in its analysis of required causation between Rambus’s conduct and subsequent acquisition of monopoly power and in rejecting that the ability of Rambus to avoid a RAND commitment constitutes harm to competition.