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...

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...

The European Union’s Digital Markets Act (DMA) initiative, which is set to introduce ex ante regulatory rules for “gatekeepers” in online platform markets, is one of the most important pieces of legislation to emanate from Brussels in recent decades. It not only has the potential to...

The existence and the use of the essential facilities doctrine was questioned in theory and in practice. Although the doctrine was developed in antitrust, it became a frequently cited notion in the regulation of network utilities. Its relevance is hotly debated during the setup of the new...

A “stealth licensing” paradigm is emerging across the globe. It can be seen through subtle interventions from policy makers, judicial organs and administrative agencies. Those interventions seek to facilitate compulsory licenses outside the TRIPS agreement exceptions and/or to water down...

This article, published in 1987, responds to John Shepard Wiley, A Capture Theory of Antitrust Federalism, 99 Harv. L. Rev. 713 (1986). In an earlier article, I argued that the "clear articulation" requirement is the best criterion for "state action" antitrust immunity because it reinforces...

During his presidential campaign, Sen. Barack Obama criticized sharply the lax antitrust law enforcement record of the George W. Bush administration. Subsequently, his first assistant attorney general for antitrust even went so far as to suggest that the Great Recession was, at least in part,...

In the context of antitrust, technology is not the driver of anticompetitive conduct in digital markets, nor is punishing big companies the solution. It is most likely that markets will shift from centralized closed platforms into decentralized, open networks based on blockchain technologies....