14 January 2020: After months of speculation, Google finally announced its plan to phase out third-party cookies on Chrome within the next two years. As Chrome boasts a worldwide market share in excess of 64%, the news sent shockwaves in the online advertising industry, whose foundations are...

Online advertising is what funds free online content. Since its birth in the 1990’s, it has evolved into a multi-billion-dollar industry. At the core of this industry lies the ability to identify and track users through various technical means, such as web cookies. Online tracking for...

In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...

There is a large strand of legal and economic literature suggesting the FRAND regime is broken and that standardization is at risk given “hold-up and “royalty stacking” problems. A variety of proposals have been made to address these alleged problems, most of which seeking to decrease the...

In Book IX of his History of Rome (written around 25 BC) Titus Livy speculates about a hypothetical confrontation between Rome and Alexander the Great. What if Alexander had not died at the end of the Asian campaign but had returned to Europe to attack Rome? Livy argues that Rome and Carthage...

Standard-setting activities, which aim to achieve device interoperability and product compatibility, play a fundamental role in fostering innovation and competition in a variety of markets. Such activities, typically carried out by armies of engineers, would generally not be expected to...

The Supreme Court's 2006 eBay ruling marked a turning point in injunctive relief policy. Unfortunately, there seems to be considerable confusion about the implications of the decision. Some authors, concerned over patent holdup and excessive royalty rates, interpret the eBay decision as giving a...

This paper has been accepted for publication in the Santa Clara University Computer & High Tech Law Journal. The vast majority of the products developed by the IT industry are technologically complex, incorporating hundreds or thousands of different components, and many of these components read...

Commercial Court No 3 of Barcelona sent a request for a preliminary ruling to the CJEU regarding the extent to which Uber which operated its uberPOP service in Spain without an authorization from the Spanish authorities should be protected by EU law provisions designed to ensure the free...