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 […]

A Tale of Two EC Cases: IBM and Microsoft

This article is part of a Chronicle. See more from this Chronicle John Vickers, Apr 24, 2008 Arguably the largest abuse of dominance case in Europe before Microsoft was the IBM case of the early 1980s. Both cases were about interoperability and bundling, and both followed litigation in the United States. Unlike Microsoft, the European […]

South African Competition Policy in 2008: Key Priorities of the Competition Commission

This article is part of a Chronicle. See more from this Chronicle Simon Roberts, Apr 23, 2008 In its ninth year of operation, the main priorities of the South African Competition Commission reflect a maturing of the competition regime, as well as a growing recognition of the importance of competitive rivalry in the development of […]

The Commission on Velvet: Why it will probably not issue Article 82 guidelines any time soon

This article is part of a Chronicle. See more from this Chronicle Damien Gerard, Apr 23, 2008 The publication of the Discussion Paper in December 2005 sparked tremendous interest in the EC antitrust community and, indeed, much beyond. The Commission received no less than 107 contributions from all over the world in the framework of […]

Will There Be Article 82 Guidelines and What Are the Implications?

This article is part of a Chronicle. See more from this Chronicle Liza Lovdahl-Gormsen, Apr 15, 2008 The question that is the title of this article is very topical as the five-year anniversary of the initiation of the Commission’s June 2003 internal policy review of Article 82 EC approaches. The answer to the question is […]

Will There Be Guidelines on Article 82 of the EC Treaty?

This article is part of a Chronicle. See more from this Chronicle Cani Fernandez, Apr 16, 2008 During the 1990s, the European Commission started to reform the competition system, gradually leading it towards a more economic approach. This resulted in the publication of guidelines on vertical restraints and the application of Article 81(3) of the […]