How the “New Brandeis Movement” Already Overshoots the Mark: Sketching an Alternative Theory for Understanding the Sherman Act as a Consumer Welfare Prescription

How the “New Brandeis Movement” Already Overshoots the Mark: Sketching an Alternative Theory for Understanding the Sherman Act as a Consumer Welfare Prescription

October 2017 How the “New Brandeis Movement” Already Overshoots the Mark: Sketching an Alternative Theory for Understanding the Sherman Act as a Consumer Welfare Prescription By Joseph V. Coniglio[1] Click here for a PDF version of the article For the past several decades, the antitrust laws have been expressly understood as a consumer welfare prescription.  Known […]

District Court Denies Motion to Dismiss FTC Section 5 Complaint Against Qualcomm

District Court Denies Motion to Dismiss FTC Section 5 Complaint Against Qualcomm

August 2017 District Court Denies Motion to Dismiss FTC Section 5 Complaint Against Qualcomm By Greg Sivinski[1] Edited by Koren Wong-Ervin Click here for a PDF version of the article   Early this year, the US Federal Trade Commission (“FTC”) filed a complaint in the Northern District of California charging Qualcomm with violating Section 5 of […]

Criminalization of wage-fixing and no-poaching agreements

Criminalization of wage-fixing and no-poaching agreements

August 2017 Criminalization of wage-fixing and no-poaching agreements By John M. Taladay and Vishal Mehta [1] Edited by Rob Kwinter (Partner, Blake, Cassels & Graydon LLP) Click here for a PDF version of the article On October 20, 2016, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued guidance […]

Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter

Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter

August 2017 Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter By Koren W. Wong-Ervin* Click here for a PDF version of the article Standard-development organizations (SDOs) “vary widely in size, formality, organization and scope,”[1] and therefore individual SDOs may need to adopt different approaches to meet the specific needs of their members. […]

Pricing Algorithms: Conscious Parallelism or Conscious Commitment?

Pricing Algorithms: Conscious Parallelism or Conscious Commitment?

July 2017 Pricing Algorithms: Conscious Parallelism or Conscious Commitment? By Alex Okuliar and Elena Kamenir* Edited by Koren W. Wong-Ervin and Rob Kwinter Click here for a PDF version of the article   Background Headline after headline has proclaimed the demise of bricks-and-mortar retail and the rise of the online merchant. Recent studies show that 8 […]

International Competition Policy Expert Group: Report and Recommendations

International Competition Policy Expert Group: Report and Recommendations

May 2017 International Competition Policy Expert Group: Report and Recommendations By Koren W. Wong-Ervin* (Global Antitrust Institute) Click here for a PDF version of the article In March 2017, the U.S. Chamber of Commerce released a report and recommendations on International Competition Policy (Expert Report), written by a bipartisan group of highly regarded experts in competition and […]

Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies

Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies

April 2017 Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies By Koren W. Wong-Ervin[1] (Global Antitrust Institute) Click here for a PDF version of the article Several recent antitrust investigations involving the licensing of intellectual property rights (IPR) have raised concerns about fundamental due process and the alleged use of industrial […]

The Royalty Base Controversy Revisited

The Royalty Base Controversy Revisited

April 2017 CPI North America Column edited by Koren W. Wong-Ervin (Global Antitrust Institute at George Mason University School of Law) presents: The Royalty Base Controversy Revisited By Jorge Padilla[1] Click here for a PDF version of the article   Introduction Royalties based on the sales price of the entire final product incorporating the patented technology […]

The Next New Thing: Mediation in Canadian Competition Tribunal Disputes

The Next New Thing: Mediation in Canadian Competition Tribunal Disputes

November, 2016 CPI North America Column edited by Koren W. Wong-Ervin (Global Antitrust Institute at George Mason University School of Law) presents: The Next New Thing: Mediation in Canadian Competition Tribunal Disputes By Rob Kwinter (Partner, Blake, Cassels & Graydon, LLP) Click here for a PDF version of the article Mediation has come to the Canadian […]