CPI Antitrust Chronicle

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

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
Taladay, John

Measuring The Impact Of Injunctive Relief On Innovation

This article considers the impact of injunctions, or more specifically the lack of the availability of an injunction, on an innovator’s investment decisions. It concludes that: (1) it is possible to measure the impact that a “no injunction” in patent infringement actions will have on innovation...Read More

April 26, 2017
Petit, Nicolas

The Smallest Salable Patent-Practicing Unit Experiment, General Purpose Technologies And The Coase Theorem

In the past years, some Standard-Setting Organizations active in wireless communications have experimented new technology pricing principles which upset this basic economic wisdom. One of those changes is the “SSPPU” experiment. SSPPU wants to prevent upstream technology developers to claim all...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

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

Standards Development Organizations as Two-Sided Markets

Payment cards and dating websites may be the most famous examples of two-sided markets, but technology standard development organizations (“SDOs”) offer another example of two-sided platforms. How SDOs set the rules for their members can have wide-reaching effects – including on the SDO’s...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

June 2018

The Policy Challenge of Artificial Intelligence

The new technologies of the “Fourth Industrial Revolution” promise to bring major policy challenges. Perhaps the biggest challenge that new information technologies pose to intellectual property and antitrust policy is their effect on the diffusion of knowledge. Increasingly, large firms are...Read More

June 2018

The Antitrust Assault on Intellectual Property

The importance of intellectual property (“IP”) and its role in promoting economic growth and consumer welfare have long been recognized in the U.S. Despite the risks involved in tampering with a system that has benefitted this country, some U.S. Government agencies have in recent years been...Read More

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