CPI Talks: Interview with Judge Diane Wood, 2nd District Court, New York

CPI Talks: Interview with Judge  Diane Wood,  2nd District Court, New York

By courtesy of the Alianza por la Competencia, CIDAC & CIDE In this issue CPI interviews Judge Diane Wood about forthcoming judicial decisions, disruptive innovation, intellectual property, the role of economics in antitrust and more. CPI: What do you think will be the ‘Hot Topic’ issues in antitrust for the coming year? Diane Wood: The […]

Section 2 and the Rule of Reason: Report from the Front

Section 2 and the Rule of Reason:  Report from the Front

By Mark S. Popofsky & Ariel A. Martinez Courts remain, in the words of one observer, mired in an “exclusionary conduct ‘definition’ war.” Applying Section 2’s broad prohibition on “monopolizing” conduct requires courts to select a governing legal test. Section 2 legal tests run the spectrum from rules of per se legality to rules of […]

“Excessive Royalty” Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate

“Excessive Royalty” Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate

By Douglas H. Ginsburg, Bruce H. Kobayashi, Koren W. Wong-Ervin, and Joshua D. Wright This article discusses the dangers of regulating royalties, including the difficult — if not impossible — task of determining whether a particular royalty is “excessive,” and suggest that agencies not apply to IPRs, including SEPs, their laws prohibiting excessive pricing. Should […]

The Meaning of “Anticompetitive Effects” Under Article 102 TFEU

The Meaning of “Anticompetitive Effects” Under Article 102 TFEU

By Massimiliano Kadar Countless pages have been written to date on the effects that a given conduct needs to produce in order for it to be considered abusive under Article 102 of the TFEU. Many commentators conclude that there is an asymmetry in the European Union (EU) Courts’ approach to the meaning of “effects” between […]

Market Investigations as a New Tool for Competition Agencies: The Mexican Experience

Market Investigations as a New Tool for Competition Agencies: The Mexican Experience

By Carlos Mena-Labarthe Competition authorities around the world, particularly in developing countries, can find a way to intervene through these new proceedings to eliminate barriers and create better conditions for more efficient markets in a bold and direct path. The discussion and the political consensus that needs to be created to give the authorities these […]

Comparing the incomparable? An analysis of the enforcement of abuse of dominance rules to the energy and technology sectors in Europe

Comparing the incomparable? An analysis of the enforcement of abuse of dominance rules to the energy and technology sectors in Europe

By Alvaro García-Delgado & Andrea Redondo –  At first sight, energy and ICT sectors could be regarded as having nothing to do with each other. However, if one digs deeper, both areas share a large number of commonalities and it may not be by chance that both sectors accumulate the highest number of Article 102 […]

The Resurrection of Essential Facilities Doctrine and Its Applicability in India

The Resurrection of Essential Facilities Doctrine and Its Applicability in India

By Kalyani Singh The controversial essential facilities doctrine recently seems to have resurfaced amidst recent developments in competition law. Specifically, the doctrine has found itself right in the center of the hotly debated interface between competition law and intellectual property rights (“IPRs”). Indian competition law, while still in its teething stage, has been gaining significant […]

Most-Favored Nation Clauses: A Business Need But Unresolved Topic in Mexico

Most-Favored Nation Clauses: A Business Need But Unresolved Topic in Mexico

By Luis Omar Guerrero-Rodríguez and Martín Michaus-Fernández Most-favored nation clauses (“MFN”) have become a topic of concern for competition authorities worldwide. Competition authorities around the world have rendered some decisions as to what extent those clauses could harm competition and if sanctioned whether they should be analyzed under a per se rule or rather under […]