Innovation is King. Or is it?

David Cardwell, Paul Lugard, Oct 05, 2012 Nowadays, it is undisputed that innovation is a key driver of consumer welfare. As a result, unwarranted restraints on desirable innovative activity as a consequence of enforcement errors that incorrectly condemn pro-competitive or competitively neutral conduct (Type 1 errors), are potentially most damaging. Obviously, by the same token, private […]

Competition, Standards, and Patents

Per Hellstrom, Thomas Kramler, Oct 01, 2012 The interface of competition, standards, and patents has received increased attention over the past few years, in particular in the information, communication, and technologies sector. With regard to the mobile devices sector, some even refer to an on-going “patent war” in reference to the extensive global patent litigation between […]

Antitrust Concerns of Patent Acquisitions

Ilene Knable Gotts, Scott Sher, Oct 01, 2012 Recent events demonstrate that patents increasingly are being purchased and used for anticompetitive means. For example, patent assertion entities (also known as “patent trolls” or “PAEs”) collect patents to extract high licensing fees; competitors acquire patents to create blocking positions that serve to exclude other competitors from […]

Fines for Abuse of Dominance in “High Tech” Markets

Benoit Durand, Andreas Reindl, Oct 01, 2012 Blockbuster fines have become a trademark of European Commission abuse of dominance cases. Intel’s EUR 1 billion fine is currently under appeal, and just a few months ago the General Court largely upheld the EUR 800 million fine imposed on Microsoft for its failure to comply with the licensing […]