Huawei v ZTE – No More Need to Look at the Orange Book in SEP Disputes
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
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 […]
FTC v. St. Luke’s: Is the Efficiencies Defense Dead or Alive?
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, […]
The Role of Economic Analysis in the Comcast/Time Warner Cable Merger
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
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 […]
Huaweï v ZTE: Judicial Conservatism at the Patent-Antitrust Intersection
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?
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 […]
Digging Deeper: Supplemental Reading
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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