Papers and Studies

June 7, 2018
Tom, Willard

Delrahim Restores Balance to Antitrust Treatment of SEPs

"In a recent open letter to Assistant Attorney General Makan Delrahim, a group of former government enforcement officials and professors took aim at recent speeches of AAG Delrahim relating to the role of antitrust in standards development activities, claiming that they 'are [not] consistent...Read More

November 2017
Gupta, Kirti

How SSOs Work: Unpacking the Mobile Industry's 3GPP Standards

At the center of the policy debate over patents and technology standards lie the widely successful mobile wireless cellular 3G and 4G standards. This chapter of "The Cambridge Handbook of Technical Standardization Law: Competition, Antitrust, and Patents" focuses on explaining the standards...Read More

Fall 2017
Competition Policy International

CPI Antitrust Chronicle – IP on Tech’s Cutting Edge: LeadershIP EU

The November 2017 Antitrust Chronicle addresses issues related to the inaugural LeadershIP EU Conference, which took place in Brussels on September 25th. The panelists at the conference came from the private and public sectors: regulators, academics and private practitioners. The Chronicle...Read More

September 2017
Padilla, Jorge and Davies, John and Boutin, Aleksandra

Economic Impact of Technology Standards

Jorge Padilla, John Davies and Aleksandra Boutin

"Our research has shown that industries based on open technology standards, agreed through voluntary participation in industry bodies, have an impressive record of innovation. We looked in particular at the mobile telephony industry, which...Read More

April 26, 2017
Petit, Nicolas

The Smallest Salable Patent-Practicing Unit Experiment, General Purpose Technologies And The Coase Theorem

In the past years, some Standard-Setting Organizations active in wireless communications have experimented new technology pricing principles which upset this basic economic wisdom. One of those changes is the “SSPPU” experiment. SSPPU wants to prevent upstream technology developers to claim all...Read More

April 26, 2017
Dowd, Matthew and Michel, Paul

The Need For “Innovation Certainty” At The Crossroads Of Patent And Antitrust Law

Due to a parade of legislation, judicial interpretations, and administrative application during the past decade, the combination of patent law destabilization and antitrust law uncertainty has devastated innovation certainty in the United States. We are now seeing the manifestations of...Read More

April 26, 2017
Taladay, John

Measuring The Impact Of Injunctive Relief On Innovation

This article considers the impact of injunctions, or more specifically the lack of the availability of an injunction, on an innovator’s investment decisions. It concludes that: (1) it is possible to measure the impact that a “no injunction” in patent infringement actions will have on innovation...Read More

January 5, 2019
Galetovic, Alexander and Haber, Stephen

SEP Royalties: What Theory of Value and Distribution Should Courts Apply?

In this paper, Alexander Galetovic and Stephen Haber argue that in adjudicating the value of SEPs, courts should do what they normally do in pricing an asset or the flow of income it produces; rely on information from the market – the “comparables” technique. As they note, courts should ask...Read More

November 2, 2018
Barnett, Jonathan

Antitrust Overreach: Undoing Cooperative Standardization in the Digital Economy

Information technology markets in general, and wireless communications markets in particular, rely on standardization mechanisms to develop interoperable devices for rapid and secure data processing, storage and transmission. From 2G through the emergent 5G standard, wireless...Read More

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