FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for...

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...

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....

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...

Staples/Office Depot: Clarifying Cluster Markets

By Krisha A. Cerilli - The recent challenge to Staples acquisition of Office Depot brought to the forefront several key aspects of antitrust merger analysis....

The Impact of Tyson Foods v. Bouaphakeo on Antitrust Class Actions

By Aaron M. Panner & Rachel P. May - Tyson Foods was a recent “donning and doffing” case at the U.S. Supreme Court involving whether...

Antitrust In The EU Digital Markets: A Case Study

By Timothy Cowen & Stephen Dnes - This article will place EU competition law policy in a comparative perspective, drawing comparisons with U.S. federal antitrust...

Exploiting Others’ Investments in Open Standards

This article is concerned with “unilateral” de facto standards that arise from later entrants adopting products or technologies employed by an established player. Unilateral...

Market Dominance Under The Anti-Monopoly Law: SAIC’s Landmark Decision On Tetra...

By Vanessa Yanhua Zhang, John Jiong Gong & Amanda Jing Yang - On November 16, 2016, SAIC issued a press release on its over-four-year investigation...

FRAND and the Smallest Saleable Unit

By Joseph Kattan, Janusz Ordover & Allan Shampine - This article discusses the intersection between the SSU rule and FRAND requirements. The FRAND concept intersects...

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

By Justus A. Baron, Chryssoula Pentheroudakis & Nikolaus Thumm - This article addresses how FRAND licensing terms have been determined in theory and practice in...

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