This Chapter, forthcoming in the ABA Handbook on the Antitrust Aspects of Standards Setting (2010) provides an analytical overview of the antitrust issues involving intellectual property and standard setting including, but not limited to, patent holdup, royalty stacking, refusals to license, and...

In Credit Suisse v. Billing, the Court held that the securities law implicitly precludes the application of the antitrust laws to the conduct alleged in that case. The Court considered several factors, including the availability and competence of other laws to regulate unwanted behavior, and the...

This comment is submitted in response to the Dominican Republic National Commission for the Defense of Competition's (“Procompetencia”) public consultation on the Proposed Regulation for Considering Proposed Settlements by Firms in Investigations Based on the General Law for the Defense of...

This comment is submitted in response to the Dominican Republic National Commission for the Defense of Competition's (“Procompetencia”) public consultation on the Proposed Regulation for the Establishment of a System for Reduction of Sanctions for Cooperation in Cartel Investigations. The...

Recent solicitations for comments on monetary penalties in China and Japan highlight opportunities to improve the deterrent effect of antitrust law by more closely aligning penalties with economic theory and evidence. When monetary penalties are not based upon economic analysis and clearly...

This comment is submitted in response to the European Commission's (EC's) public consultation on the Regulatory Environment for Platforms, Online Intermediaries, Data, Cloud Computing, and the Collaborative Economy.The comment addresses: (1) concerns that the EC's survey methodology and design...

In their recent article in this Journal, Cary et al. critique our prior article, Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup. In that article, we assess the marginal costs and benefits of applying antitrust tools to the so-called patent holdup...

This comment is submitted to Korea's Fair Trade Commission ("KFTC") by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the KFTC's December 17, 2014 revisions to its Review Guidelines on Unfair Exercise of Intellectual Property Rights. The GAI...

This comment is submitted to China's National Development and Reform Commission (NDRC) by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the NDRC's Questionnaire on Intellectual Property Misuse Antitrust Guidelines. The GAI Competition Advocacy...