CPI Antitrust Chronicle

November 20, 2017
Gupta, Kirti and Wong-Ervin, Koren and Coniglio, Joe and Naegele, Dylan

IP LeadershIP Brussels: Highlights And Economic Analysis

In September 2017, IP LeadershIP held its first conference in Europe. The event, which was attended by policymakers, practitioners, and scholars, featured diverse views on topics such as: balancing the interests of contributors and implementers of technologies; possible adverse consequences on...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

April 26, 2017
Ohlhausen, Maureen

Interview with Maureen Ohlhausen – Acting Chairman of the Federal Trade Commission

Interview with Maureen Ohlhausen – Acting Chairman of the Federal Trade Commission.Read More

April 26, 2017
Chen, Andy

Investigating Competition Cases In Taiwan: The Inquisitorial Principle And The Abuse Of Superior Bargaining Position

The value gained from implementing IPRs created by innovations or implementing those IPRs in collaboration with the IPRs licensed by innovators from other countries has significantly contributed to the economic development of Taiwan. However, the heavy reliance on IPRs has at the same time...Read More

April 26, 2017
de Carvalho, Nuno Pires

In Search of a Problem: The Interface of Car Body Part Design Protection with Antitrust

The interface of intellectual property with antitrust has many facets, and one that has surfaced in recent years is the acquisition of market power by the owners of designs as regards car body parts. Such power results from the lock-in of car buyers who need to have their cars repaired after an...Read More

April 26, 2017
Teece, David and Sherry, Ed

On Patent “Monopolies”: An Economic Re-Appraisal

In exchange for public disclosure, the patent system gives a successful patent applicant the right to exclude others from using the patented technology without permission for a period of time (in the U.S., currently 20 years from application). A series of older cases refer to this exclusivity as...Read More

July 2015
Stark, Richard

Debunking the Smallest Salable Unit Theory

Manufacturers of devices such as smartphones need licenses to intellectual property held by innovators. Naturally, as profit-maximizing entities, they prefer to acquire the licenses they need at the lowest possible cost—that is, for the smallest royalty payments, or even royalty free. To achieve...Read More

March 2015
Stark, Richard

The Royalty Stacking Supposition

The Federal Circuit’s ruling heralds a sensible reorientation of the discussion away from mere possibilities toward focusing on realities. No matter where you stand on SEP/FRAND issues, a turn toward evidence should be greeted as a healthy development.Read More