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

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 2017
Ginsburg, Douglas and Wong-Ervin, Koren

The Department of Justice’s Long Awaited and Much Needed Course Correction on FRAND-Assured Standard-Essential Patents

On November 10, 2017, the Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice, Makan Delrahim, announced a crucial course-correction for policies involving standard-essential patents (SEPs) that a patent holder has voluntarily committed to license on fair,...Read More

August 2017
Hovenkamp, Herbert

Antitrust and the Design of Production

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much...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

December 2015
Lipsky, Abbott (Tad) and Tritell, Randolph

Best Practices for Antitrust Procedure: The Section of Antitrust Law Offers Its Model

September 13, 2017
Teece, David

How The FTC Has Erred On Innovation Policy Issues

May 2017
Wong-Ervin, Koren

Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies

Several recent antitrust investigations involving the licensing of intellectual property rights (IPR) have raised concerns about fundamental due process and the alleged use of industrial policy in antitrust investigations to lower royalty rates, particularly for standard-essential patents (SEPs...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