Posts Tagged: Antitrust


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
1 month ago 2

Tech Giants Maintain Dominance By Copying Technologies

Although it’s not illegal to earn a profit, unfair business practices in the pursuit of holding a monopoly over an entire industry led to the breakup …
By Steve Brachmann
2 months ago 3

Tech Super Giants Maintain Standard Oil Sized Monopolies

Between 1882 and 1906, this market dominance reportedly brought Standard Oil a total of $838,783,800 in net income. On an annual basis, that would mean that Standard Oil earned nearly $35 …
By Steve Brachmann & Gene Quinn
3 months ago 20

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 …

The New Era of Antitrust Law and Policy in Standards: Embracing Evidence Based Policy-making

On November 10, 2017, the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, delivered a powerful speech on antitrust law and …
By Dr. Kirti Gupta
6 months ago 0

Qualcomm’s Antitrust War and The Patent Licensing Issues

Even at ground level, where American courts in San Diego and San Jose are now being called on to apply the law laid out in prior court …
By Michael Salzman
8 months ago 2

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
9 months ago 0

Senate confirms dozens of Trump nominees, including new IP Czar

Vishal Amin was confirmed to be the IP enforcement coordinator at the White House and Peter Davidson was confirmed to be general counsel at the Commerce Department. …
By Gene Quinn
10 months ago 39

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
10 months 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
12 months 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

Thinking about IP and collaboration at the Patent-Antitrust Interface

This different approach—a commercialization approach—has been embraced across the American political spectrum, including both the Carter administration and the Reagan administration,[4] as well as by …
By F. Scott Kieff
1 year ago 8

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

Al Capone and Qualcomm: Why Section 5 of FTCA should not be a fallback to challenge conduct actionable under the Sherman Act

Last month, after a multi-year antitrust investigation, the United States Federal Trade Commission filed a complaint in federal district court charging Qualcomm with using anticompetitive business practices …
By Thomas Ensign
1 year ago 0