Standard-Setting Policies and the Rule of Reason: When Does the Shield Become a Sword?

This article is part of a Chronicle. See more from this Chronicle Jennifer Driscoll, May 06, 2008 The rewards and pitfalls of standard setting conjure images of the legend of Damocles. From afar, the benefits of a “collaborative standard-setting process [that] enable[s] industry participants to share knowledge and develop a best-of-breed product or process” (Barnett, […]

From the Editor: Spring 2007

Richard Schmalensee, Apr 17, 2007 Our fifth issue of Competition Policy International brings diverse fare from 29 leading economists and lawyers from the European Community and the United States. We begin, as most antitrust matters do, with market definition: a controversial aspect of antitrust analysis at least since Franklin Fisher´s seminal critique based on his […]

The EC’s Investigation into the Pharmaceutical Sector: Trouble Ahead at the IP/Competition Intersection?

This article is part of a Chronicle. See more from this Chronicle David Hull, Feb 07, 2008 Efforts by innovative pharmaceutical companies to protect their markets against generic drugs have generated a wide-ranging debate over how to achieve the proper balance between these companies’ legitimate interests in reaping the full rewards of their research and […]

Are Article 82 EC and Intellectual Property Interoperable? The State of the Law Pending the Judgment in Microsoft v. Commission

Maurits Dolmans, Paul-John Loewenthal, Robert O’Donoghue, Apr 19, 2007 The objectives of intellectual property rights (IPR) and competition law are essentially the same: both promote innovation to the benefit of consumers. IPRs are, however blunt instruments that strike the right balance in general, but in exceptional individual situations may not achieve (and may sometimes even […]

The Logic and Limits of Ex Ante Competition in a Standard-Setting Environment

Damien Geradin, Anne Layne-Farrar, Apr 19, 2007 Some scholars have questioned the process by which cooperative standards are typically set, worrying about the potential for anticompetitive market power to come hand in hand with pro-competitive interoperability. To combat the perceived problems of ex post opportunism, the suggested solutions have focused on promoting procedures to facilitate […]

What The Rambus Ruling Means For Intellectual Property In Standard Setting

This article is part of a Chronicle. See more from this Chronicle Anne Layne-Farrar, Feb 15, 2007 On February 5 the U.S. Federal Trade Commission (FTC) issued its final opinion in the long-running, and often convoluted, legal proceeding against Rambus, Inc., a computer technology company. The Commission began its case back in 2002, charging that […]

Illinois Tool Works v. Independent Ink: A Lawyer’s Take on Ending Special Suspicion of Patent Tying

Richard Taranto, Nov 01, 2006 The U.S. Supreme Court´s decision in Illinois Tool Works, Inc. v. Independent Ink, Inc., holds that a plaintiff, when asserting a tying claim under the familiar modified per se rule requiring market power for liability, must affirmatively prove such power even if the defendant owns a patent covering the tying […]

The Article 82 Review Process and Its Impact on Compulsory Licensing of IP Rights

Alicia Van Cauwelaert, Apr 01, 2006 This paper reviews the position put forward by the Commission in relation to the concept of an exclusionary abuse, the meaning of dominance, and the use of an efficiency defense. In particular, the paper looks at refusal to supply cases involving IP rights and the impact the Article 82 […]

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