Antitrust Chronicle – IP on Tech’s Cutting Edge: LeadershIP EU

Antitrust Chronicle – IP on Tech’s Cutting Edge: LeadershIP EU

The November 2017 Antitrust Chronicle addresses issues related to the inaugural LeadershIP EU Conference, which took place in Brussels on September 25th. The panelists at the conference came from the private and public sectors: regulators, academics and private practitioners. We are pleased to have articles from speakers at the LeadershIP EU conference from all of […]

IP LeadershIP Brussels: Highlights And Economic Analysis

IP LeadershIP Brussels: Highlights And Economic Analysis

By Kirti Gupta, Koren W. Wong-Erwin, Joseph V. Coniglio & Dylan Naegele –  In September 2017, IP LeadershIP held its first conference in Europe. The event, which was attended by policymakers, practitioners, and scholars, featured diverse views on topics such as: balancing the interests of contributors and implementers of technologies; possible adverse consequences on innovation […]

Smartphone Wars: A Phantom Menace

Smartphone Wars: A Phantom Menace

By Richard Vary –  The Smartphone Wars resulted from new adopters of wireless technologies displacing the traditional mobile phone companies, and courts ill-equipped to address portfolio disputes. With IoT and 5G, some fear that the latest influx of new adopters of wireless technologies will result in a further increase in patent litigation: Smartphone Wars II. […]

The Superior Performance Of Voluntary Technology Standards

The Superior Performance Of Voluntary Technology Standards

By Jorge Padilla & John Davies –  Standards defining how technologies work together have profound effects on market structure and incentives for innovation. They enable suppliers to co-operate and compete in product markets, while allowing diverse contributions to R&D, through a “market for technology.” The governance structure is crucial. Voluntary participation in Standards Development Organizations […]

Standard Development Organizations And IPR Policies: Their Role In Realizing Future Technologies

Standard Development Organizations And IPR Policies: Their Role In Realizing Future Technologies

By Bardo Schettini Gherardini & Spiro Dhapi –  In the growing digitalized economy, interconnected devices in all sectors need technology standards to operate. As standards are drivers for innovation, when they embed proprietary technology, notably Standard Essential patents (“SEPs”), their widespread use may be seen as an opportunity, but also may raise concerns. Hence, an […]

“That’s What Frands Are For”: The Antitrust Boundaries Of The Patent Holdup Problem

“That’s What Frands Are For”: The Antitrust Boundaries Of The Patent Holdup Problem

By Giorgio Corda & Antonio Nicita –  In recent times, antitrust agencies seem to be willing to limit the scope of antitrust liability for SEP holders who seek injunctions against implementers. We welcome this policy shift as past approaches granting “FRAND defense” for licensees against SEP holders’ injunction, may generate strong incentives for a reverse holdup […]

The Intel Case: Issues Of Economic Analysis, Comity And Procedural Fairness

The Intel Case: Issues Of Economic Analysis, Comity And Procedural Fairness

By Luis Ortiz Blanco & José Luis Azofra Parrondo –  The Court of Justice’s judgment in the Intel case has provoked mixed reactions as it gathers important points of law in three relevant fields of EU competition practice. First, the Court may have laid the foundations for a more demanding economic analysis in abuse of […]

European Competition Law: Enforcement Or Regulation After Intel?

European Competition Law: Enforcement Or Regulation After Intel?

By D. Daniel Sokol – The EUCJ Intel decision is a reminder that European competition law looks different from that of the North American jurisdictions where economic effects drive enforcement policy and a tradition of due process and procedural fairness exists. Intel suggests limits to DG Competition’s enforcement with regard to due process and is […]

IP And Antitrust: The Importance Of Due Process And The ICC Best Practices

IP And Antitrust: The Importance Of Due Process And The ICC Best Practices

By Paul Lugard –  Effective observance of due process principles across jurisdictions is essential to ensure procedural fairness and transparent decisionmaking and to minimize the risk of ill-informed decisions. This contribution discusses the relevance of procedural rights in antitrust enforcement in light of the 2017 Due Process Best Practices issued by the Competition Commission of […]

Antitrust’s Inequality Conundrum?

Antitrust’s Inequality Conundrum?

We are pleased to bring you the October 2017 Antirust Chronicle which addresses issues related to Inequality and Antitrust. How might concerns about mounting wealth inequality affect antitrust and competition policy? Does market power contribute to inequality? And what are some possible antitrust policy modifications that should be considered in response to inequality? Is antitrust […]

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