Considering Whether Ex Ante Joint Negotiations within Standard Setting Are “Reasonably Necessary”

This article is part of a Chronicle. See more from this Chronicle Anne Layne-Farrar, May 06, 2008 In the ongoing debate over intellectual property (IP) within standard setting, the issue of patent holdup has loomed large. Under holdup, a firm that has a patented technology which is included in a standard can use the fact […]

May-08(1)

In this issue: The CFI’s Judgment in Deutsche Telekom   Peter Alexiadis, May 12, 2008 ”Informative and Interesting”*: The CFI Rules in Deutsche Telekom v. European Commission The Deutsche Telekom case is notable insofar as it finally brings legal certainty to a complex area of practice where law and economics collide, and which is a […]

Standards and Market Power

This article is part of a Chronicle. See more from this Chronicle Nicholas Banasevic, Cecilio Madero, May 16, 2008 Standards play an increasingly significant role in the modern economy, in particular in the high-tech sector. They ensure that products in an increasingly inter-connected world can work together properly, and therefore allow companies to concentrate on […]

”Informative and Interesting”*: The CFI Rules in Deutsche Telekom v. European Commission

This article is part of a Chronicle. See more from this Chronicle Peter Alexiadis, May 12, 2008 * The author is reminded of the alleged statement made by a gentleman in the audience at a public lecture. When asked what he thought of the speaker, the gentleman commented that he found the contents of the […]

Comments on the CFI’s Recent Ruling in Deutsche Telekom v. European Commission

This article is part of a Chronicle. See more from this Chronicle Bernard Amory, Alexandre Verheyden, May 13, 2008 This brief paper discusses the implications on the test for price squeeze arising from the Deutsche Telekom ruling of the European Court of First Instance (CFI) of April 10, 2008. Price squeeze is a relatively novel […]

The Importance of Antitrust in Standard Setting

This article is part of a Chronicle. See more from this Chronicle Mark Nelson, May 12, 2008 Ensuring the interoperability of products can be critical to the success of many industries, in particular to encourage the rapid uptake of new technologies. To achieve such interoperability and the efficiencies that come with it, industries often use […]

Harnessing SDO Innovation to Reduce Holdup, Uncertainty, and Inefficiency

This article is part of a Chronicle. See more from this Chronicle David Meyer, May 12, 2008 Collaboratively set standards are an important part of the global economy. As the U.S. Department of Justice (the “Department”) explained in last year’s “IP2 Report,” issued jointly with the U.S. Federal Trade Commission, collaboratively set standards are generally […]

Regulating the Regulated: Deutsche Telekom v. European Commission

This article is part of a Chronicle. See more from this Chronicle Robert O’Donoghue, May 15, 2008 It is reasonably clear following Deutsche Telekom that the EC courts are comfortable with applying competition law in regulated telecommunications markets. In the United States, the Trinko judgment effectively found that there is no scope for applying a […]

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, […]

The Reasonableness of Resale Price Maintenance

This article is part of a Chronicle. See more from this Chronicle Abdullah Hussain, May 06, 2008 The treatment of vertical agreements in the United States, relating to both price and non-price restraints, has seen its fair share of controversy since inception. Judgments of the U.S. Supreme Court have been followed by pages of growing […]