There are two overarching legal paradigms for analyzing exclusionary conduct in antitrust – predatory pricing and the raising rivals’ costs characterization of foreclosure. Sometimes the choice of paradigm is obvious. Other times, it may depend on the structure of the plaintiff’s...

This Article examines a patent licensing practice that has hitherto escaped the attention of U.S. antitrust law: the no challenge clauses. Under these clauses, a patent licensee is prohibited from challenging the validity of the licensed patent. These clauses have so far only been examined under...

In its investigation into Google’s search practices, Google Search, the Commission alleges that Google abuses its dominant position on the web search market by giving systematic favourable treatment to its “comparison shopping product” (namely, “Google Shopping”) in its general search...

This keynote address, delivered at Pace Law School on March 16, 2016, provides an overview of the legal status of “daily fantasy sports” and explains why the legality — or illegality — of the industry is not a sure bet. It begins by providing a brief background of the origins of fantasy...

In both its Owens-Illinois and the Donnelley opinions, the FTC relied heavily on the possibility of capacity diversion to dismiss concerns about possible anti-competitive harm alleged under a theory of price discrimination. The apparent logical rigor of the capacity-diversion analysis and its...

Few phrases in public policy have become so overused so quickly as the information highway. Although it is unclear to many what that superhighway is or will be, this uncertainty has not prevented proposals to regulate the superhighway from being made. In this Article, we examine the economic...

This Chapter discusses antitrust-related FRAND issues in China. In Part I, we provide an overview of China’s antitrust regime and its interaction with intellectual property rights. In doing so, we offer an explanation of the nature of the Chinese antitrust regime that builds upon both the...

There is an ongoing debate about the Intellectual Property Rights (“IPR”) policies of major Standard Setting Organizations (“SSOs”) and how the licensing disputes related to the valuation of IPR related to standards, or the Standard Essential Patents (“SEPs”) should be resolved. The...

This chapter addresses the specific supervision and regulation of collecting societies under Dutch and EU law. Supervision on collecting societies is deemed necessary, because they often have a monopoly position. But abuse of a dominant position may also be unlawful under general tort law, the...

As costs rise and concerns grow about the pace of pharmaceutical innovation, both federal agencies and industry participants have turned to new forms of collaboration to increase the efficiency and effectiveness of biomedical research. Industry participants, many of them competitors, come...