This note provides an economic approach to antitrust analysis of differential pricing (here, used synonymously with “price discrimination”) and discriminatory refusals to license; grantbacks and cross-licenses; and no-challenge clauses. The analysis applies to both intellectual property...

In the last year, we have seen a growing — and troubling — trend as courts and competition agencies around the globe propose and impose antitrust sanctions on holders of standard-essential patents (“SEPs”) for seeking injunctive relief against alleged infringers and for reneging on their...

In the last several years, competition agencies around the world have imposed or considered imposing extra-jurisdictional remedies on patent holders, particularly owners of standard-essential patents (SEPs) upon which the patent holder has made a commitment to license on fair, reasonable, and...

Investigations and litigation involving standard-essential patents (SEPs) have begun to spring up around the globe. In February 2014, the Korean Fair Trade Commission issued its first decision on the issue of whether seeking injunctive relief on a FRAND-encumbered SEP constitutes a violation of...