The Federal Trade Commission and the Department of Justice significantly expanded the efficiencies section of the Horizontal Merger Guidelines in April 1997. The revisions broadened the scope of the analysis and clarified the framework for determining when claimed efficiencies should be...

On December 4, 2014, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ericsson v. D-Link, providing substantial guidance to lower courts on how to calculate royalty rates for standard-essential patents (“SEPs”) encumbered by a commitment to license on reasonable and...

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...

The Supreme Court's 2018 decision in Ohio v. American Express (AmEx) sparked a number of debates over its meaning and scope. Those debates have been rekindled by recent decisions in FTC v. Surescripts and U.S. v. Sabre. The debates focus on (1) whether AmEx is limited to two-sided transaction...

In the last year, officials at the U.S. Antitrust Agencies have taken a number of troubling positions with respect to what is required to challenge consummated mergers under Section 2 of the Sherman Act. These include: (1) the contention that Section 2 presents a “lower bar” than Section 7...

Calls to radically change U.S. antitrust law continue to be a focus of law and policy makers. According to proponents of the proposed changes, drastic legislative amendments are necessary to remedy the (perceived) failures of current antitrust standards to prohibit anticompetitive conduct, in...

The proper assessment of monopoly power or dominance in platform markets is a hot topic of debate and study, including by competition agencies around the world and the multilateral organizations in which they participate. For example, the International Competition Network is currently gathering...

In the last several years, courts around the world, including in China, the European Union, India, and the United States, have ruled on appropriate methodologies for calculating either a reasonable royalty rate or reasonable royalty damages on standard-essential patents (SEPs) upon which a...

Prepared Statement of Koren W. Wong-Ervin, Antonin Scalia Law School, George Mason University, Before the United States House of Representatives Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, "International Antitrust Enforcement," Washington, D.C....