Big Data, Privacy And Competition Law: Do Competition Authorities Know How To Do It?

Big Data, Privacy And Competition Law: Do Competition Authorities Know How To Do It?

By Alfonso Lamadrid & Sam Villiers – According to Prof. Dan Ariely “Big data is like teenage sex; everyone talks about it, nobody really knows how to do it, everyone thinks everyone else is doing it, so everyone claims they are doing it.”Recent moves suggest an evolution in the thinking of competition authorities. Is competition […]

The Good, Bad And Ugly In Competition Law Enforcement: Observations From The Technology Sector

The Good, Bad And Ugly In Competition Law Enforcement: Observations From The Technology Sector

By Timothy Cowen & Stephen Dnes – This article identifies what works well in competition law enforcement, and what drives and distinguishes good performance from less desirable outcomes. To do so, it analyses the application of competition law to technology and communications markets. This choice of focus reflects particularly pronounced issues that have arisen in relation […]

Compliance And Enforcement In A Blockchain(ed) World

Compliance And Enforcement In A Blockchain(ed) World

By Ajinkya M. Tulpule – Most legal professionals have come across the term “blockchain” or “bitcoin” as part of their legal advisory work, training sessions, client interaction or news updates. This topic has also been covered by industry publications, websites, magazines and journals which helpfully explain what a blockchain is, what it does and how it […]

CPI Talks – Inside the ICN Cartel Workshop, Madrid, October 2016.

CPI Talks – Inside the ICN Cartel Workshop, Madrid, October 2016.

In this month’s CPI Talks, we give our readers a special interview with the ICN Cartel Workshop co-chairs, ACCC and FAS and the ICN Cartel Workshop host, the Spanish CNMC. The heads of these agencies explained to CPI the aim of this workshop, they discussed hot topics in cartel enforcement, such as individual and criminal […]

Extra-Jurisdictional Remedies Involving Patent Licensing

Extra-Jurisdictional Remedies Involving Patent Licensing

By Koren Wong-Ervin, Bruce H. Kobayashi, Douglas H. Ginsburg & Joshua D. Wright –  This article discusses the various approaches taken by competition agencies thus far on extra-jurisdictional remedies, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by DG Comp against Motorola and Samsung, respectively; and one by China’s NDRC against […]

Standards Setting, Standards Development and Division of the Gains from Standardization

Standards Setting, Standards Development and Division of the Gains from Standardization

By David J. Teece and Edward F. Sherry – According to this article, standards development frequently involves significant R&D and related investments by technology contributors. These contributions benefit the standard setting process and therefore the implementers that use the standards, and consumers that buy the product. It is important that technology contributors are rewarded for […]

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

By Justus A. Baron, Chryssoula Pentheroudakis & Nikolaus Thumm – This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative […]

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

By Damien Geradin – This paper addresses an important policy question, which is whether SEP-related disputes should be subject to mandatory arbitration (as a requirement imposed by SSOs) or whether arbitration should remain one of the possible options open to the parties to settle such disputes. Parties should be free to opt for arbitration, as […]

On the Practical Irrelevance and Theoretical Inadequacy of the Royalty-Stacking Benchmark in Standard-Essential Patent Negotiations

On the Practical Irrelevance and Theoretical Inadequacy of the Royalty-Stacking Benchmark in Standard-Essential Patent Negotiations

By Gerard Llobet & Jorge Padilla – Royalty stacking is the focus of this article. The licensing of SEPs has become a controversial issue. Some companies, IP practitioners and scholars argue that SEP holders are over-rewarded as a result of what they call “patent hold-up” and “royalty stacking.” The proponents of the idea of royalty […]

Antitrust Policy toward Technology Standards

Antitrust Policy toward Technology Standards

By Daniel F. Spulber – This article argues that there is not a conflict between antitrust and technology standards. A better understanding of the economic role of technology standards suggests that standard setting increases competition in product markets and markets for inventions. SSOs and technology standards are vital for entrepreneurs seeking to apply new technologies […]

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