Spring 2012, Volume 4 Number 2

In this issue:

The intersection of antitrust and technology licensing and transfer has become wildly confusing and complex. Just look at all the acronyms: FRAND, RAND, SEP, SSO, TTBER, IPR, ETSI; or look at some of the other nomenclature - trolls, sticky patents, patent wars, holdups, patent thickets. And the number of lawsuits and regulatory actions is ever-increasing. However, with the help of Paul Lugard, who suggested and shepherded this issue, and, of course, our authors, this issue will make all things clear. Enjoy!



Technology Transfer & Licensing
  1. Paul Lugard, Apr 30, 2012

    Technology Licensing: Evolving Antitrust Standards in the Smartphone and Other Sectors?

    Introducing the CPI Antitrust Chronicle issue on technology licensing and transfer—an issue that comes at a critical time. Paul Lugard (TILEC)

  2. Pierre Regibeau, Katharine Rockett, Apr 30, 2012

    Revising the Technology Transfer Guidelines

    We were asked by DG Competition to provide an economic evaluation of the 2004 Technology Transfer Guidelines that would serve as an input into the formal review process initiated a few months ago. Pierre Régibeau (CRAI & Imperial Coll.) & Katharine E. Rockett (Univ. of Essex)

  3. Lorenzo Coppi, Stefano Trento, Apr 30, 2012

    Patent Wars and Technology Transfer Agreements: Should the EU Rules Change?

    Perhaps the main difference of opinions between Regibeau & Rockett and us is that we consider the patent thicket to be a real problem in many technology sectors, and one which leads to excessive strategic behavior and litigation. Lorenzo Coppi & Stefano Trento (Compass-Lexecon)

  4. Donald Falk, Christopher Kelly, Apr 30, 2012

    DOJ Merger Statement Renews Focus on Competitive Implications of Industry Standards

    The DOJ’s statement has caused some consternation, as it signals at the very least that the agency may be willing to use the merger review process to discourage a company’s lawful exercise of its intellectual property rights. Donald Falk & Christopher Kelly (Mayer Brown LLP)

  5. Damien Geradin, Hee-Eun Kim, Apr 30, 2012

    Facing New Challenges at the Crossroads Between Competition and Intellectual Property in Europe: The Example of Korean Innovators

    Striking the right balance in dealing with emerging issues at the intersection between competition and IPR's can present serious challenges. Damien Geradin & Hee-Eun Kim (Covington & Burling)

  6. Apr 30, 2012

    A Roadmap to the Smartphone Patent Wars and FRAND Licensing

    Speaking most generally, courts have tended to deny injunctions when patentees have sought to block competitors from using SEPs while being more likely to grant them when seeking injunctive relief on non-SEPs. Michael Carrier (Rutgers)

  7. Hein Hobbelen, Tone Oeyen, Apr 30, 2012

    Do We Need to Get Frantic About FRAND?

    Although the pro-competitive effects of standard-setting are widely acknowledged, standardization also creates risks with respect to compliance with the antitrust rules. Hein Hobbelen & Tone Oeyen (Freshfields Bruckhaus Deringer LLP)

  8. Hill Wellford, Apr 30, 2012

    Reasons to Reject a “No Injunctions” Rule for SEPs and FRAND-Obligated Patents

    This no-injunction idea appears to spring from a serious misunderstanding of the nature of FRAND obligations. Hill Wellford (Bingham McCutchen)


About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

Past Issues


Managing Editor: Lauren Chiang

Senior Editor: Lindsay W. McSweeney

Social Media: Anna Tzanaki

Subscription Manager: Susan Roberts

Office Manager: Kristen Adrian

Editorial Advisory Board:

Rosa Abrantes-Metz, Global Econ. Group, Stern School of Bus. at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, Washington D.C.

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Elisa Mariscal, Federal Competition Commission, Mexico

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen

Nicolas Petit, University of Lìege

Daniel Sokol, University of Florida Levin School of Law

Joshua Wright, George Mason Law School