Petit, Nicolas

January 3, 2018
Heiden, Bowman and Petit, Nicolas

Patent and the Royalty Gap: Exploring the Nature and Impact of Patent Holdouts

This paper suggests that a new concept -- “patent trespass” -- should replace the “patent holdout” concept. This new concept, which conforms with mainstream economic theory, is a better characterization for technology implementers’ attempt to evade the conclusion of licensing agreements. “Patent...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

Petit, Nicolas

EU Competition Law Analysis of FRAND Disputes


This paper describes the degree of obligation created by a FRAND commitment on the holders of a Standard Essential Patent (“SEP”) from an EU competition law perspective. It shows that the EU courts case-law does not seem supportive of the reading of FRAND as a distributional, pricing...Read More

Petit, Nicolas

Chinese State Capitalism and Western Antitrust Policy

Enthused by China’s conversion to the free market system in 1978 and its adoption of Western-style market institutions, the world has spent the last few decades turning a blind eye to China’s real “governance” problem: that a shadow Party-State system permeates all branches of the economy....Read More

Petit, Nicolas

The Antitrust and Intellectual Property Intersection in European Union Law

In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court of Justice of the European Union (“CJEU”) when the EU antitrust prohibitions apply to, and restrain, the free and ordinary use of intellectual property rights (“IPRs”). We call this the...Read More