Global Antitrust Institute (GAI) at GMU

September 14, 2017
Layne-Farrar, Anne and Wong-Ervin, Koren

Methodologies for calculating FRAND damages: an economic and comparative analysis of the case law from China, the European Union, India, and the United States

Abstract

In the last several years, courts around the world, including in China, the European Union, India, and the United States, have ruled on appropriate methodologies for calculating either a reasonable royalty rate or reasonable royalty damages on standard-essential patents (SEPs)...Read More

August 2017
Wong-Ervin, Koren

Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter

The U.S. Department of Justice’s Antitrust Division (DOJ) departed from its own position and offered recommendations for SDOs that were ultimately adopted in large part by the Institute of Electrical and Electronics Engineers (IEEE), there was evidence of a decline in the number of letters of...Read More

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

May 2017
Wong-Ervin, Koren

Problematic Aspects of the Japan Fair Trade Commission’s Proposed Distribution Guidelines

In April 2017, the Japan Fair Trade Commission (JFTC) released its proposed revisions to its Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act (Draft Guidelines). While the Draft Guidelines appropriately recognize that vertical restraints may have...Read More

May 2017
Wong-Ervin, Koren

Troubling Aspects of the European Commission’s Standard-Essential Patents Roadmap

In April 2017, the European Commission (EC) issued a consultation on its Communication on Standard Essential Patents for a European Digitalised Economy (the Communication).

As the Global Antitrust Institute at Scalia Law School at George Mason University noted in its comment to the EC,...Read More

May 2017
Wong-Ervin, Koren

International Competition Policy Expert Group: Report and Recommendations

In March 2017, the U.S. Chamber of Commerce released a report and recommendations on International Competition Policy (Expert Report), written by a bipartisan group of highly regarded experts in competition and trade policy. On May 19, 2017, the United States House of Representatives Committee...Read More

May 2017
Wong-Ervin, Koren

An Update on the Most Recent Version of China’s Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights

In March 2017, the Anti-Monopoly Commission of the State Council of the People’s Republic of China issued its long-awaited draft of the Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights (Draft Guidelines). The State Council’s draft reportedly combines and draws from the four...Read More

May 2017
Wong-Ervin, Koren

Problems In Proposed Changes To Vietnam's Competition Law

The Vietnam Competition Authority (VCA) is currently working on proposed amendments to the Competition Law of the Socialist Republic of Vietnam, which illustrate the need for economically sound effects-based competition analysis. Among the troubling provisions in the current draft is Chapter IV...Read More