Tag: Intellectual Property
Essential Facilities and the Zombie Apocalypse
At its core, the essential facilities doctrine (“EFD”) invariably involves property rights. The idea is that a party that indisputably owns rights to certain...
The Right To Repair, Competition, And Intellectual Property
By Michael A. Carrier, Rutgers Law School
Manufacturers have made it difficult for consumers to repair their products. And they have justified their restrictions in...
Antitrust Chronicle® – LeadershIP
Dear Readers,
This Chronicle addresses the issues raised during the 2022 edition of the annual LeadershIP conference, held this April in Washington, D.C. As ever,...
Antitrust Chronicle® – New Madison Revisited
Dear Readers,
James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause...
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...
“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,...
How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential...
Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk of anticompetitive...
Antitrust, Intellectual Property, and Dynamic Efficiency: An Essay in Honor of...
By Thomas F. Cotter (University of Minnesota)
This essay argues that, while intellectual property (IP) and antitrust often operate as complementary bodies of law, in...
The Science of China’s Frand Rate-Setting
By He Jing
In recent years China’s courts and antitrust authorities have increasingly played significant roles in setting FRAND rates for the wireless communication industry....
Governing the Patent Commons
By Dirk Auer & Julian Morris (International Center for Law and Economics)
Thousands of patents underpin the technologies that power the digital economy. Coordination among...
