In this essay we compare and contrast the methods used by courts and other institutions in the United States and in the European Union to resolve the conflicts that inevitably arise between competition law and other laws, policies, and values. In the U.S., because its generally-worded antitrust...

This comment is submitted in response to the Japan Patent Office's request for comments on its Guidelines for Licensing Negotiations Involving Standard Essential Patents. The Global Antitrust Institute's Competition Advocacy Program provides a wide-range of recommendations to facilitate adoption...

This comment is submitted in response to the Canadian Competition Bureau's White Paper entitled “Big Data and Innovation: Implications for Competition Policy in Canada.” The Global Antitrust Institute's Competition Advocacy Program commends the Bureau's conclusion that existing competition...

On November 10, 2017, the Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice, Makan Delrahim, announced a crucial course-correction for policies involving standard-essential patents (SEPs) that a patent holder has voluntarily committed to license on fair,...

In a recent article Joe Kattan and Tim Muris (K&M) criticize our article on the predictive power of bargaining models in antitrust, in which we used two recent applications to explore implications for uses of bargaining models in courts and antitrust agencies moving forward. K&M focus...

This Comment is submitted to the Infocommunications Media Development Authority (IMDA) for consideration in relation to its Convergence of Competition Code for the Media and Telecommunications Markets. Specifically, we address Part XII: Competition in a Digital Economy, where the IMDA engages in...

In the last several years, India has raised several novel and controversial concerns regarding standard-essential patents (SEPs). For example, in 2013 and 2014, the Competition Commission of India (CCI) issued investigation orders against Ericsson, alleging that the company violated its...

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 16, 2015 amendments to its Review Guidelines on Unfair Exercise of Intellectual Property Rights. The GAI...

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 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...