In the last several years, competition agencies around the world have imposed or considered imposing extra-jurisdictional remedies on patent holders, particularly owners of standard-essential patents (SEPs) upon which the patent holder has made a commitment to license on fair, reasonable, and...

In October 2016, the Federal Trade Commission released its long awaited case study examining the business practices of 22 Patent Assertion Entities (PAEs). One clear policy implication is that PAEs do not present an antitrust problem. While the study makes a number of interesting and potentially...

Patent rights are not the only important legal entitlements conferred by the Patent Act. It also vests “challenge rights” in third parties, permitting them to challenge granted patents as invalid or uninfringed, and potentially clearing a path for privileged competition. These classes of...

This chapter is part of a forthcoming book on EU and UK Competition Law. It provides critical analysis and materials on the following topics relating to the interaction between competition law and IP rights: the innovation process and the different models of interaction between competition law...

Pharmaceutical products are developed, approved, manufactured, traded, and used under complex and demanding regulatory schemes. While the intensity of regulation varies substantially among countries, lightly regulated markets are the exception, particularly from an economic standpoint. In this...

Optimists would say the Brazilian competition policy has been a successful case of antitrust revolution in Latin America. However, the perceived success of competition law hides old inconsistencies in antitrust practice regarding an unusual topic: the interplay between merger control and labor...

This paper examines the way that cartel behaviour may be sanctioned under the new Hong Kong Competition Ordinance, and assesses whether such punishment is suitable to efficiently deter this kind of anti-competitive activity. The legislation, adopted in 2012, has introduced an array of sanctions...

Expert opinion of antitrust practitioners is divided as to whether U.S. courts hand down more severe sentences on foreigners guilty of criminal price fixing compared to U.S. cartelists. The opinions in support of discrimination appear to be based on a small number of sentences imposed in quite...

Information in digital form transforms from a rivalrous to a non-rivalrous good, with profoundly different and counter-intuitive economic properties. This essay reviews five key features of digital goods: renewability, universality, magnetism, friction-free transfer, and vulnerability....

This paper describes the sources and methods used to create the PIC data set, which the author believes to be the largest collection of legal-economic information on contemporary price-fixing cartels. It details the scope, strengths, and limitations of the data therein. Moreover, summary...