The KFTC’s Extraterritorial Overreach

The KFTC’s Extraterritorial Overreach

The KFTC’s Extraterritorial Overreach By James F. Rill & John M. Taladay* Click here for a PDF version of the article   Introduction The Korea Fair Trade Commission’s recent decision against Qualcomm is notable as one of the most significant examples of intentional territorial overreach by an antitrust enforcer in memory.[1]  The KFTC’s remedy ignores principles […]

The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents

The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents

The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents By Douglas H. Ginsburg & Koren W. Wong-Ervin[1] Click here for a PDF version of the article   On November 10, 2017, the Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice, Makan Delrahim, announced a crucial course-correction for […]

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 […]