Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I...

This paper argues that the New Zealand legislation against abuse of market power, and subsequent jurisprudence, is ineffective to deal with the problem, in particular by relying on a counterfactual test - would a firm without market power have done the same thing, and if so, the firm with market...

In this paper, we comment on the debate about guidelines for Art. 102 TFEU in the face of the challenges brought by digital ecosystems and abuse of dominance in related markets. We take the perspective of dynamic competition economics and derive four recommendations for the future enforcement of...

This chapter analyzes Big Data and Big Data abuses of market power. The chapter provides an overview of developments under both EU and US case law relevant to such abuses as well as some of the economic underpinnings of such an analysis. While there are not many cases specific to this interface,...

Microsoft v. Commission indicates a shift in competition policy at the expense of protections for intellectual property. The case applies "essential facilities" arguments to Microsoft's server operating system and "tying" arguments to its Windows Media Player. The dynamic effects of Microsoft v....

Much has been written about patent trolls and the detrimental effects they have on the patent system. Legal and legislative attempts have been made to curb patent trolls. However, there is considerable confusion over who is actually a patent troll. Because of the focus on trolls, other practices...

This paper presents a legal perspective of the experiences of musicians under Record Label Executives in Nigeria, and seeks to proffer recommendations to curtail the unjust exploitation of these musicians and their Intellectual Property Rights

Technical standard setting, though conducted largely through private organizations, possesses many attributes of a public function. By and large, SDO policies operate effectively to enable competitors to collaborate to develop standards that produce network effects and yield significant social...

Over the past several years, there has been a surge in litigation over technical standards, standards-essential patents (SEPs), and the patent policies of standards development organizations (SDOs). While this litigation has fueled a cottage industry of commentary by economists, legal scholars,...