Antitrust with Intellectual Property
Some scholars have questioned the process by which cooperative standards are typically set, worrying about the potential for anticompetitive market power to come hand in hand with pro-competitive interoperability.
This article analyzes several tests for predatory innovation, including the rule of reason based on total and consumer welfare and profit sacrifice tests.
Are Article 82 EC and Intellectual Property Interoperable? The State of the Law Pending the Judgment in Microsoft v. Commission
The objectives of intellectual property rights (IPR) and competition law are essentially the same: both promote innovation to the benefit of consumers.
Market definition is a crude though sometimes useful tool for identifying market power. The ambiguity in what analysts mean by market power (price above marginal cost, or excess profits) cannot be resolved by market share.
This paper provides a critical analysis of some of the key features of merger policy as understood and practiced in leading jurisdictions such as the Europ