Antitrust

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

December 7, 2017

Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct, but experts tell Law360 it’s too soon to tell...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

November 10, 2017
Delrahim, Makan

Take It to the Limit: Respecting Innovation Incentives in the Application of Antitrust Law

Assistant Attorney General Makan Delrahim Delivers Remarks at the USC Gould School of Law Center for Transnational Law and Business Conference.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

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

October 30, 2018
Effraimidis, Georgios and Wong-Ervin, Koren

Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation

On October 23-24, 2018, the U.S. Federal Trade Commission (FTC) held hearings on intellectual property (IP) and innovation as part of its broader ongoing hearings on Competition and Consumer Protection in the 21st Century. The hearings focused on the role of IP protection in promoting innovation...Read More

June 20, 2018
Rill, James and Teece, David

The DOJ Must Exalt Intellectual Property Rights

June 2018

Competition, Innovation and Intellectual Property… The Elusive Balance

In this article, Philip Lowe assesses the progress made so far in promoting international convergence in antitrust law and practice. Considerable efforts have been made to reach consensus between jurisdictions, both on substance and process. The OECD and the International Competition Network...Read More

June 2018

Enabling Technology, Social Returns to Innovation, and Antitrust: The Tragedy Of Depressed Royalties

Innovation is the handmaiden of competition and economic growth. Few activities have larger payoffs than investment in activities which support innovation, especially R&D. However, inventors and private firms often struggle to capture an adequate return because of spillovers which benefit...Read More

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