Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent...
In the last couple of years, the United States Department of Justice (“DOJ”) and several European countries have reversed previous interventionist decisions and limited...
Why the New Administration Should Bury the New Madison Approach
The “New Madison” approach sounds so promising. Old but new. Updating the classics for the modern era. What could be bad? In a word:...
The Old Brandeis and the New Madison in Historical Perspective
The modern progressive view of antitrust, which has its origins in Louis Brandeis’s famous attack on “The Curse of Bigness,” regards large firm size...
The New Madison Approach: Keeping Antitrust in Its Lane
In 2018 Assistant Attorney General Makan Delrahim proclaimed the New Madison Approach (“NMA”) to the interface between antitrust and intellectual property. He specifically addressed...
Applying Section 2 to Frand Violations: “It’s Elementary, My Dear Watson”
Many well-reasoned cases have concluded that a holder of standard-essential patents (“SEPs”) subject to a commitment to license on fair, reasonable, and nondiscriminatory (“FRAND”)...
Putting Together a Competitive Puzzle: How to Understand and Assemble the...
The New Madison Approach, championed by former Assistant Attorney General Makan Delrahim, sets forth a framework for understanding how antitrust law, patent law, and...
“Not” Madison
This essay challenges the claim that President James Madison, the namesake of the Trump Administration’s “New Madison” Approach to Antitrust and Intellectual Property Law,...
CPI TV Ten Minutes With CNMC President Cani Fernandez
Below, we have provided the full transcript of the interview with Cani Fernández, president Spanish competition authority, the Comisión Nacional de los Mercados y...
Merger Reform in Australia: Possible Approaches
By Rhonda L. Smith & Deborah Healey1
Like many other jurisdictions, Australia is reviewing its approach to assessing mergers, particularly in the context of the...
“Knock, Knock… Who’s There?” Key Elements of the EU FDI Screening...
In this article, the authors – European Commission experts in this new field – set out the background for the adoption of the European...
