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In 2015, the Institute of Electrical and Electronics Engineers (IEEE) Standardization Association made some controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a request to members holding a standard essential patent...
Persistent link: https://www.econbiz.de/10014124029
I analyze standard setting organizations' decisions on licensing policy and standard's technological specification, and the ensuing implications for social welfare. I find the conditions under which a licensing rule that grants monopoly power to the licensors whose technology is adopted in the...
Persistent link: https://www.econbiz.de/10014046333
Drawing from the economics of two-sided markets, we provide suggestions for the definition of the relevant market in cases involving two-sided platforms, such as media outlets, online intermediaries, payment cards companies and auction houses. We also discuss when a one-sided approach may be...
Persistent link: https://www.econbiz.de/10013084291
In dealing with applications for injunctive relief by the holders of FRAND-encumbered SEPs in the course of protracted licensing negotiations, any legal system faces the challenge of reaching the proper balance between predictability for stakeholders and differentiation between possible...
Persistent link: https://www.econbiz.de/10012964167
Persistent link: https://www.econbiz.de/10012836148
Theoretical IO models of horizontal mergers and acquisitions make the critical assumption of efficiency gains. Without efficiency gains, these models predict either that mergers are not profitable or that mergers are welfare reducing. A problem here is the empirical observation that on average...
Persistent link: https://www.econbiz.de/10012733312
Ten years ago, EU Competition law transitioned from a system of centralized enforcement managed by the European Commission to a decentralized domain regulated by multiple institutional actors situated at both national and supranational level. With this development, the need for usage of...
Persistent link: https://www.econbiz.de/10012977201
The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible...
Persistent link: https://www.econbiz.de/10013009666
In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...
Persistent link: https://www.econbiz.de/10012990808