Innovation Under Threat? An Assessment of the Evidence for Patent Holdup and Royalty Stacking in SEP-Intensive, IT Industries

Innovation Under Threat? An Assessment of the Evidence for Patent Holdup and Royalty Stacking in SEP-Intensive, IT Industries

By Alexander Galetovic & Stephen Haber – Many authors argue that innovation in IT is under threat.For many years Patent Holdup Theory has influenced antitrust thinking and action in SEP-intensive industries. While the theory predicts market failure, SEP-intensive industries have thrived and consumers have benefited from better products at lower prices. Is Patent Holdup a […]

Antitrust In The EU Digital Markets: A Case Study

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 law, which differs on a number of key points relating to innovation. As a starting point, both EU and U.S. policy and law both seek to foster innovation. However, they […]

The Role Of Innovation In Merger Control – A Hot Topic

The Role Of Innovation In Merger Control – A Hot Topic

By Rachel Brandenburger, Logan Breed & Falk Schöning – This article considers how the U.S. and EU antitrust agencies assess the impact of a merger on innovation. Merging parties may argue that their merger will improve the merged company’s ability to innovate, and innovation-based arguments may also be used to demonstrate that current market shares […]

Legal boundaries of Competition in the Area of Internet: Challenges and Judicial Responses

Zhu Li, March 20, 2016 Some new characteristics of competition in the Internet industry, e.g., competition for attention, innovation competition, cross-market competition etc., have brought about new challenges and difficulties for the legal regulation of competition. In virtue of the theoretical innovation and the innovation of law applicability, Chinese courts gave creative judicial responses in […]

Platform regulation — ex-ante versus ex-post intervention: evolving our antitrust tools and practices to meet the challenges

Alex Chisholm & Nelson Jung, March 20, 2016 The rapid change in the economic environment, in particular the growth of the digital economy, poses challenges for competition authorities and policymakers alike: what are the key considerations that should inform the approach to intervention in such a fast moving sector? Joseph Schumpeter showed that great historical […]

Whither Uber?: Competitive Dynamics in Transportation Networks

Benjamin Edelman, March 20, 2016 Transportation Network Companies offer notable service advances—but do they comply with the law? I offer evidence of some important shortfalls, then consider how the legal system might appropriately respond. Though it is tempting to forgive many violations in light of the companies’ benefits, I offer a cautionary assessment. For one, […]

New business models and competition enforcement: must we ride the tide of change?

Bruno Lasserre, March 20, 2016 New business models seem all-pervasive today, with the result that older forms of trade feel under constant threat. There is undoubtedly a surge in more intangible forms of innovation that rely on new ways of selling existing goods or services. Recent examples of exponential growth in revenues and market capitalization […]


In this issue: Antitrust & Innovation David Evans, Nov 25, 2009 The Middle Way on Applying Antitrust to Information Technology Antitrust analysis ought to account for special features of IT – just like it ought to account for special features of any industry under consideration. But there’s no particular reason to focus additional antitrust resources on […]

Solving the Wrong Problem The Preliminary Report on the EC Pharmaceutical Sector Inquiry: What Have We Really Learned?

This article is part of a Chronicle. See more from this Chronicle Kent Bernard, Feb 23, 2009 You could posit several fairly obvious reasons for the perceived lack of new innovative drugs in the European Union: Low reimbursement levels for innovative medicines and insistent tolerance for diversion/parallel would certainly be on the list. And reference […]