Why the New Administration Should Bury the New Madison Approach

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 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

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”

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 Pieces of the New Madison Approach

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 Jorge L. Contreras

“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

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...
Key Elements EU FDI Screening Regulation

“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...
Foreign Direct Investment Review Developments Europe

Foreign Direct Investment Review – Recent Developments in Europe

The article provides an overview of recent developments in foreign direct investment (“FDI”) review across Europe. In describing what is meant by FDI review,...
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