CPI Antitrust Chronicle

November 20, 2017

European Competition Law: Enforcement Or Regulation After Intel?

The EUCJ Intel decision is a reminder that European competition law looks different from that of the North American jurisdictions where economic effects drive enforcement policy and a tradition of due process and procedural fairness exists. Intel suggests limits to DG Competition’s enforcement...Read More

November 20, 2017
Ortiz Blanco, Luis and Azofra Parrondo, Jose Luis

The Intel Case: Issues Of Economic Analysis, Comity And Procedural Fairness

The Court of Justice of the European Union's judgment in the Intel case has provoked mixed reactions as it gathers important points of law in three relevant fields of EU competition practice. First, the Court may have laid the foundations for a more demanding economic analysis in abuse of...Read More

November 20, 2017
Corda, Giorgio and Nicita, Antonio

“That’s What Frands Are For”: The Antitrust Boundaries Of The Patent Holdup Problem

In recent times, antitrust agencies seem to be willing to limit the scope of antitrust liability for SEP holders who seek injunctions against implementers. We welcome this policy shift as past approaches granting “FRAND defense” for licensees against SEP holders’ injunction, may generate strong...Read More

November 20, 2017
Dhapi, Spiro and Schettini Gherardini, Bardo

Standard Development Organizations And IPR Policies: Their Role In Realizing Future Technologies

In the growing digitalized economy, interconnected devices in all sectors need technology standards to operate. As standards are drivers for innovation, when they embed proprietary technology, notably Standard Essential patents (“SEPs”), their widespread use may be seen as an opportunity, but...Read More

November 20, 2017
Padilla, Jorge and Davies, John

The Superior Performance of Voluntary Technology Standards

Standards defining how technologies work together have profound effects on market structure and incentives for innovation. They enable suppliers to co-operate and compete in product markets, while allowing diverse contributions to R&D, through a “market for technology.” The governance...Read More

November 20, 2017
Vary, Richard

Smartphone Wars: A Phantom Menace

The Smartphone Wars resulted from new adopters of wireless technologies displacing the traditional mobile phone companies, and courts ill-equipped to address portfolio disputes. With IoT and 5G, some fear that the latest influx of new adopters of wireless technologies will result in a further...Read More

November 20, 2017
Gupta, Kirti and Wong-Ervin, Koren and Coniglio, Joe and Naegele, Dylan

IP LeadershIP Brussels: Highlights And Economic Analysis

In September 2017, IP LeadershIP held its first conference in Europe. The event, which was attended by policymakers, practitioners, and scholars, featured diverse views on topics such as: balancing the interests of contributors and implementers of technologies; possible adverse consequences on...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

April 26, 2017
Wong-Ervin, Koren and Ginsburg, Douglas and Layne-Farrar, Anne and Robins, Scott and Slonim, Ariel

A Comparative and Economic Analysis of the U.S. FTC’s Complaint and the Korea FTC’s Decision Against Qualcomm

On January 17, 2017, the U.S. FTC filed a lawsuit against Qualcomm based on a “monopoly broth” or course of conduct theory for alleged monopoly maintenance in certain narrowly defined baseband processor markets. In a jurisdiction on the other side of the globe, the KFTC issued an administrative...Read More

April 26, 2017
Ohlhausen, Maureen

Interview with Maureen Ohlhausen – Acting Chairman of the Federal Trade Commission

Interview with Maureen Ohlhausen – Acting Chairman of the Federal Trade Commission.Read More