CPI Antitrust Chronicle

June 2018

Innovation and U.S. Patent Law

Because the strength of patent rights gauges the incentive to invest, America’s future is threatened by the weakening of those rights. Starting in 2006 and continuing to today, excessive and uncoordinated incursions by the Supreme Court, the Congress and the patent office have enfeebled patent...Read More

June 2018

IP LeadershIP DC: Key Takeaways and The Path Forward

The fifth annual IP LeadershIP 2018 conference in Washington DC began with the broad recognition of the critical importance of 5G/IoT technologies in enabling the Fourth Industrial Revolution, followed by topics that explored IP and competition policies needed to ensure its success. The panels...Read More

June 2018

CPI Talks with Makan Delrahim, an Interview by Judge Douglas Ginsburg

Makan Delrahim, the Assistant Attorney General for Antitrust at the U.S. Department of Justice, delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition Policy International. Following up on that discussion, Mr....Read More

June 2018
Competition Policy International

CPI Antitrust Chronicle "Enabling the Fourth Industrial Revolution

The June 2018 CPI Antitrust Chronicle addresses issues related to the fifth annual LeadershIP Conference, “Enabling the Fourth Industrial Revolution,” which took place in Washington, D.C. on April 10th. The panelists at the conference came from the private and public sectors: regulators,...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
Ortiz Blanco, Luis and Azofra Parrondo, Jose Luis

The Intel Case: Issues Of Economic Analysis, Comity And Procedural Fairness

The Court of Justice of the European Union's judgment in the Intel case has provoked mixed reactions as it gathers important points of law in three relevant fields of EU competition practice. First, the Court may have laid the foundations for a more demanding economic analysis in abuse of...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 20, 2017
Padilla, Jorge and Davies, John

The Superior Performance of Voluntary Technology Standards

Standards defining how technologies work together have profound effects on market structure and incentives for innovation. They enable suppliers to co-operate and compete in product markets, while allowing diverse contributions to R&D, through a “market for technology.” The governance...Read More

November 20, 2017
Vary, Richard

Smartphone Wars: A Phantom Menace

The Smartphone Wars resulted from new adopters of wireless technologies displacing the traditional mobile phone companies, and courts ill-equipped to address portfolio disputes. With IoT and 5G, some fear that the latest influx of new adopters of wireless technologies will result in a further...Read More