Antitrust

November 16, 2017
Delrahim, Makan

Antitrust and Deregulation

Assistant Attorney General Makan Delrahim delivers keynote address at American Bar Association's Antitrust Fall Forum.Read More

April 10, 2018
Delrahim, Makan

The Long Run: Maximizing Innovation Incentives Through Advocacy and Enforcement

US Assistant Attorney General Makan Delrahim delivered the keynote address at the Leadership Conference on IP, Antitrust, and Innovation Policy.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

December 2017

How Antitrust Law Can Make FRAND Commitments More Effective

"In this article, we argue that the antitrust laws have an important role to play in ensuring that the rules established by standard-setting organizations are effective in preventing the owners of standard-essential patents from engaging in patent holdup after the standard is established and...Read More

December 5, 2017
Pachnou, Despina and Miara, Moran and Park, Semin

Roundtable on the Extraterritorial Reach of Competition Remedies

Working Party No. 3 on Co-operation and Enforcement

This document was prepared by the OECD Secretariat to serve as background for Item 5 at the 126th Meeting of the Working Party No 3 on Co-operation and Enforcement on 5 December 2017.Read More
November 20, 2017

IP And Antitrust: The Importance Of Due Process And The ICC Best Practices

The need to implement effective procedural rights and guarantees to ensure the fair and proportionate exercise of competition agencies’ enforcement powers has been a topical subject for many years.2 However, in light of increased enforcement levels by an ever growing number of competition...Read More

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
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 26, 2017
Rill, James and Taladay, John

The KFTC’s Extraterritorial Overreach

The Korea Fair Trade Commission’s recent decision against Qualcomm is notable as one of the most significant examples of intentional territorial overreach by an antitrust enforcer in memory. The KFTC’s remedy ignores principles of jurisdiction and comity by ordering global changes to Qualcomm’s...Read More

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