A large and growing number of regulators and academics, while recognizing the benefits of standardization, view skeptically the role standard setting organizations (SSOs) play in facilitating standardization and commercialization of intellectual property rights (IPRs). Competition agencies and...

Despite relatively successful efforts to modernize the analytical approach for assessing the potential anticompetitive effects of a merger in the United States, antitrust doctrine and agency practice unfortunately have not similarly incorporated advances in economics with respect to the analysis...

This comment is submitted in response to the Japan Fair Trade Commission's (JFTC's) request for public comments on the Draft Partial Amendment to the Guidelines for the Use of Intellectual Property under the Antimonopoly Act (Draft Amendment). The Draft Amendment specifies that seeking...

PAEs have been much in the news because of certain practices that imply their demand for royalties is nothing more than extortion based upon the nuisance value of a lawsuit the PAE might bring, or explicitly threatens to bring, if no agreement is reached with the party practicing the patent. The...

This comment is submitted in response to the Japan Fair Trade Commission's request for comments on its Summary of Issues Concerning the Modality of the Administrative Surcharge System. The Global Antitrust Institute's Competition Advocacy Program provides a wide-range of recommendations to...

In a series of five merger cases from 1962 through 1974, the Supreme Court turned the then-reigning Structure-Conduct-Performance paradigm into the law of the land. The Court has not passed upon the substantive aspect of merger analysis since then. Thus, the legacy of these cases, in particular,...

This comment is submitted in response to the National Development and Reform Commission of the People's Republic of China's public consultation on the Proposed Revisions to the Guidelines of the Anti-Monopoly Commission of the State Council on Determining the Illegal Gains Generated from...

A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent becomes part of a standard pursuant to an...

As the Federal Trade Commission ("FTC" or the "Commission") celebrates its 100th anniversary, it does so amid a renewed interest in finally defining what constitutes a standalone "unfair method of competition" under Section 5 of the FTC Act. For a century, the business community and agency staff...

This Comment is submitted to the United States Department of Justice (DOJ), Antitrust Division Public Roundtable Series on Competition and Deregulation, Third Roundtable On Anticompetitive Regulations. The Global Antitrust Institute's Competition Advocacy Program applauds the DOJ for...