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2015

Huawei v ZTE – No More Need to Look at the Orange Book in SEP Disputes
 |  Dec 24, 2015

This article is part of a Chronicle. See more from this Chronicle James Killick, Stratigoula Sakellariou, Oct 27, 2015 Industry standards are crucial for economic development—they reduce transaction and production costs; they increase efficiency; they ensure network interoperability. A number of industries, such as telecoms, IT, and automotive heavily rely on standards. Once a standard […]

Criminalization of Cartels and Leniency: An Exercise in Complexity
 |  Dec 24, 2015

This article is part of a Chronicle. See more from this Chronicle Marcelo Calliari, Sep 16, 2015 What change a decade brings. Ten years ago the calls for a spread of leniency policies were undisputed. Their success in detecting cartels in a few jurisdictions, notably the United States and the European Union, seemed to justify the […]

EU Competition Enforcement and Compliance with Fundamental Rights’ Standards: The Challenge and the Promise of Accession to the ECHR
 |  Dec 24, 2015

This article is part of a Chronicle. See more from this Chronicle Arianna Andreangeli, Jul 15, 2015 The question of the compliance of the framework and the procedures for the enforcement of the EU competition rules with human rights’ rules has been a vexed subject for many years. In that context, whether and how the […]

FTC v. St. Luke’s: Is the Efficiencies Defense Dead or Alive?
 |  Dec 23, 2015

This article is part of a Chronicle. See more from this Chronicle Deirdre McEvoy, Kathrina Szymborski, Apr 27, 2015 A recent Ninth Circuit ruling holding that the merger of St. Luke’s Health System, a not-for-profit health care system operating seven hospitals throughout Idaho, and Saltzer Medical Group, the largest independent multi-specialty physician group in Idaho, […]

Why the Motorola Mobility Decision was Good for Cartel Enforcement and Deterrence
 |  Dec 23, 2015

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Jan 29, 2015 I was pleased to have an article I wrote on the FTAIA cited and quoted from in the recent Motorola Mobility opinion. I agree with the decision in Motorola Mobility and I also believe that the decision was a […]

The Role of Economic Analysis in the Comcast/Time Warner Cable Merger
 |  Nov 11, 2015

David Evans, Nov 11, 2015 Earlier this year, Comcast abandoned its proposed merger with Time Warner Cable in the face of opposition by the U.S. Department of Justice and the Federal Communications Commission. This article briefly discusses the economic analysis presented and points the reader to interesting material in the filings that may have relevance […]

Services of General Economic Interest in the Telecommunications Sector
 |  Nov 11, 2015

Aleksander Maziarz, Nov 11, 2015 EU law does not provide a definition of Services of General Economic Interest (“SGEI”); simply, it gives a wide discretion in the introduction of these services and their performance to the Member States. But this does not mean that every service can be regarded as SGEI; such status can be […]

Huawei: Establishing the Legal Standard for a FRAND Defense as a Basis for Resisting Requests for Injunctive Relief for Infringements of SEPs Under Competition Law
 |  Oct 27, 2015

This article is part of a Chronicle. See more from this Chronicle Miguel Rato, Collette Rawnsley, Mark English, Oct 27, 2015 On July 16, 2015, the Court of Justice handed down the eagerly anticipated preliminary ruling concerning the circumstances in which a (presumptively dominant) standard essential patent holder who has given a commitment to license […]

Huaweï v ZTE: Judicial Conservatism at the Patent-Antitrust Intersection
 |  Oct 27, 2015

This article is part of a Chronicle. See more from this Chronicle Nicolas Petit, Oct 27, 2015 At its core, the preliminary ruling of the Court of Justice of the European Union in Huaweï v ZTE explains whether, and if so how, holders of FRAND-pledged Standard-Essential Patents  abuse a dominant position under Article 102 TFEU […]

The ECJ Huawei–ZTE Decision: En Route to Ending Hold-Out?
 |  Oct 27, 2015

This article is part of a Chronicle. See more from this Chronicle Dina Kallay, Oct 27, 2015 On July 16 2015, the European Court of Justice issued its much-awaited decision in the Huawei-ZTE matter (“Decision”), in reply to questions referred by the German Landgericht Düsseldorf court. The Decision involved a Standard Essential Patent dispute between two […]

Huawei Technologies: More Certainty on SEP Injunctions, But Not the End of the Story
 |  Oct 27, 2015

This article is part of a Chronicle. See more from this Chronicle Kyriakos Fountoukakos, Nick Root, Oct 27, 2015 The issue of declared standard-essential patents and competition law has been a hot topic that has pitted holders of SEPs and users of SEPs against one another in a patent war game with Article 102 TFEU […]

Digging Deeper: Supplemental Reading
 |  Oct 14, 2015

This article is part of a Chronicle. See more from this Chronicle Douglas Ginsburg, Joshua Wright, Bruce Kobayashi, Koren Wong-Ervin, Oct 14, 2015 For those interested in digging deeper into the subject, we’re providing links below to four comments made to Canada, Japan, China, and Korea regarding their respective approaches to Intellectual Property. The first two […]

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