The Old Brandeis and the New Madison in Historical Perspective

The Old Brandeis and the New Madison in Historical Perspective

The modern progressive view of antitrust, which has its origins in Louis Brandeis’s famous attack on “The Curse of Bigness,” regards large firm size...
The New Madison Approach: Keeping Antitrust in Its Lane

The New Madison Approach: Keeping Antitrust in Its Lane

In 2018 Assistant Attorney General Makan Delrahim proclaimed the New Madison Approach (“NMA”) to the interface between antitrust and intellectual property. He specifically addressed...
Applying Section 2 to Frand Violations: “It’s Elementary My Dear Watson”

Applying Section 2 to Frand Violations: “It’s Elementary, My Dear Watson”

Many well-reasoned cases have concluded that a holder of standard-essential patents (“SEPs”) subject to a commitment to license on fair, reasonable, and nondiscriminatory (“FRAND”)...
Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach

Putting Together a Competitive Puzzle: How to Understand and Assemble the...

The New Madison Approach, championed by former Assistant Attorney General Makan Delrahim, sets forth a framework for understanding how antitrust law, patent law, and...
“Not” Madison Jorge L. Contreras

“Not” Madison

This essay challenges the claim that President James Madison, the namesake of the Trump Administration’s “New Madison” Approach to Antitrust and Intellectual Property Law,...
Standards, Patents and Transparency

Standards, Patents and Transparency

By Dr. Kirti Gupta & Fabian Gonell*   In recent years, the widespread success enjoyed by some technology standards, especially wireless cellular standards, have led policy...
SEP Expert Group Report A Look Into the IoT Future of SEP Licensing

SEP Expert Group Report: A Look Into the IoT Future of...

By Igor Nikolic* & Niccolò Galli†   The EU Institutions have been interested in improving the predictability, reliability and transparency of the standard-essential patent (“SEP”) licensing...
Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

This article aims to contribute to the debate on the practical solution to the stalemate repeatedly encountered in intellectual property disputes concerning FRAND rate-setting...
Features of Procompetitive Collaborations in the Life Sciences

Features of Procompetitive Collaborations in the Life Sciences

By Andrew C. Finch & Stefan Geirhofer1   Antitrust and patent law have complementary objectives: both are “aimed at encouraging innovation, industry and competition.”2  Abraham Lincoln...
CCPA and Competition: The Value of Consumer Data Privacy and Pricing

CCPA and Competition: The Value of Consumer Data, Privacy, and Pricing

Much like how there was debate in the past on whether the goals of antitrust and intellectual property law were incompatible or complimentary, we...
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