US Agencies report - IP and Antitrust

Building on my post on this, I can now proudly confirm that I have read the report. Very interesting, and draws heavily on the hearings evidence (which I have ALSO read. Even longer). I note the strong recommendation, although it is not, particularly in the body of the text, entirely unqualified, that antitrust should not concern itself with unconditional refusals to licence patents. So far as it goes, this is fairly uncontroversial. Yet why the focus on patents? What about antitrust defences to patent actions if a party just goes ahead and uses the technology (Noerr Pennington cf Intel v Via)? And, of course, what about human rights implications.....