Competition Authorities Support Grasshoppers: Competition Law as a Threat to Innovation

Sir Robin Jacob

"The law interferes not with ordinary competition, but with competition in something which would not have existed but for the inventor."

Intellectual Property Experimentalism By Way Of Competition Law

Tim Wu

"The global competition system lacks any formal system for a centralized assessment of different approaches."

Whither Symmetry? Antitrust Analysis of Intellectual Property Rights at the FTC and DOJ

Joshua Wright & Douglas Ginsburg

"A number of recent enforcement actions depart from the principle of symmetry in analyzing antitrust problems involving IPRs."

Consumer Welfare In Competition And Intellectual Property Law

Herbert Hovenkamp

"Achieving the optimal social level of innovation would be heroic. However, successful innovation is dominated by the unexpected."

Legal Remedies For Patent Infringement: >From General Principles To FRAND Obligations For Standard Essential Patents

Richard Epstein & David J. Kappos

"The new round of litigation working its way through the courts shows the perils arising when courts try to set FRAND rates."

Licensing of Standard Essential Patents: Antitrust Intervention is Not Big Enough a Fix

Eliana Garcés Tolón

"EU antitrust regulators invoked a violation of antitrust rules to investigate what were considered instances of hold-up by SEP owners."

Justifying Antitrust Intervention in ICT Sector Patent Disputes: How to Address the Hold-Up Problem

Kai-Uwe Kuhn

"There is a sense that the patent system is in crisis. This is, in particular, the case in the ICT industries."

"Pay-for-Delay": What Do We Disagree On?

Pierre Regibeau

"Over 4 years and more than 400 settlements, there was not a single example of the type of settlement where generic entry is allowed at a date that is supposed to reflect the parties' appraisal of their respective chances at trial."

Pay-for-Delay

Fiona Scott Morton

"The majority is acting consistently with the premise that the expected validity of any given patent is less than one, and that the patent at issue in this case might have a very low probability of being valid."

Current Cases & Issues

There is Always a First Time: Coordinated Effects via Vertical Structural Changes in Anglo/Lafarge

Francesca Sala, Pietro Crocioni & Julie Bon

"This merger shows a change in the degree of vertical integration that was found to facilitate upstream coordination in cement supply."

The Classics

An Introduction to Appropriating the Returns from Industrial Research and Development

David S. Evans

"The authors of this classic tackled one of the core issues in innovation policy: how do firms harvest the fruits of their innovative efforts, and how important are patents in enabling this?"