Posts Tagged: antitrust law


Has Big Tech Finally Become Too Big for the FTC to Ignore?

Some of the questions the FTC is interested in investigating and discussing during this inquiry include whether changes in the economy and evolving businesses have created competition …
By Gene Quinn
2 months ago 5

FTC v. Actavis: Where We Stand After 5 Years

It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to …
By Michael Carrier
2 months ago 4

Order of the New Day: IP Rights in Dynamic Competition

Missing for a while at the U.S. competition agencies has been an appreciation for how competition works in the real world — in particular, discounting the vital …
By James Edwards
2 months ago 2

DOJ Antitrust Chief Raises Standard Setting Concerns

Increasingly, Delrahim's speeches are moving past where he began in his USC speech in November 2017, discussing this being the appropriate time to now have a discussion about …
By Gene Quinn
4 months ago 2

Apply Evidence-based Approach to Antitrust Law Equally to Innovators and Implementers

As judges, former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law, we write to express our support for …

Korean court upholds $912M Qualcomm fine as tech rivals continue to make antitrust claims

On Monday, September 4th, a South Korean court denied a request made by San Diego, CA-based semiconductor developer Qualcomm Inc. to rescind a fine levied last December …
By Steve Brachmann
11 months ago 0

Why is the government suspicious of patent owners who don’t want to vertically integrate?

Why does U.S. policy with respect to patent owners and patent licensing seem to be in direct opposition to U.S. antitrust policy relating to vertical …
By Gene Quinn
1 year ago 10

Enforcing Post-Sale Restrictions After Lexmark: Contracts and Antitrust Issues

Like Lexmark, many technology companies rely on aftermarket revenue streams to fund ongoing investments in research and development needed to remain competitive in hotly contested technology markets. …
By Jacob Kramer
1 year ago 3

Qualcomm strikes back, sues Apple for tortious interference and unlawful business tactics

Qualcomm accused Apple of engaging in tortious interference relating to Qualcomm’s licensing activities with Apple’s contract manufacturers. Specifically, Qualcomm asserts that Apple pressured contract manufacturers …
By Steve Brachmann
1 year ago 1

FTC acting chair Ohlhausen tells ABA IP conference agency revised IP guidelines are ‘modest’, give FTC flexibility

The U.S. Federal Trade Commission (FTC) will not be radically changing the analysis used to address antitrust issues presented by patent law issues. The news stems …
By Steve Brachmann
1 year ago 0

Governments’ Thumb on the Scales

These government agencies target successful, inventive U.S. firms. They politicize their processes and disregard the exclusivity that rightfully belongs to patent owners. They take away private …
By James Edwards
1 year ago 5

FTC revives complaint, files motion for stipulated order over pay-for-delay agreement for generic Lidoderm

On January 23rd, the Federal Trade Commission (FTC) announced that it had taken steps to resolve antitrust charges involving business activities employed by Irish/U.S. drugmaker …
By Steve Brachmann
2 years ago 2

Antitrust Policy for a New Administration

On January 24, the Heritage Foundation will bring together an all-star cast of current and former top government officials to try and burn away the mists of uncertainty …

Patent and IP Wishes for 2017

First, I continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice, although I am mindful of both how naive that …
By Gene Quinn
2 years ago 1

FTC and DOJ Antitrust Division Seek Comment on Proposed Update to IP Licensing Guidelines

The IP Licensing Guidelines, which state the agencies’ antitrust enforcement policy with respect to the licensing of intellectual property protected by patent, copyright, and trade secret law …

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