The triumph of the self-preferencing doctrine is not confined to Europe but is found in many other jurisdictions as well. Korea is a case in point. On December 14, 2022, the Seoul High Court decided that the Korean competition authority (i.e., Korea Fair Trade Commission, ‘KFTC’) was right...

This paper seeks to understand the competitive impact of State restrictions to M&A transactions which target domestic corporations. In the economic literature, a rich body of papers has examined the impact of State restrictions in terms of market access, international trade and FDI. In contrast,...

Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents...

While price-fixing on platforms can attract severe enforcement action, as shown by the Amazon poster case, a more nuanced picture emerges regarding the fixing of prices for sellers by sharing economy platforms. This paper explores possible antitrust responses to such centralised platform-driven...

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right...