Is the FTC Threatening Efficient Franchise Relationships?
Franchising plays a key role in promoting American job creation and economic growth. As explained in Forbes (hyperlinks omitted)… Read the full piece here.
Europe’s New SEP Regulation: All Quiet on the Patent Front?
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A Patent and a Prize
This paper examines a simple and old question: should innovators receive a patent or a prize? The answer I provide is equally simple: they . . .
Google and the Limits of Antitrust
The antitrust landscape changed dramatically in the last decade. Within the last two years alone, the Department of Justice has held hearings on the appropriate scope of Section 2 of the Sherman Act and has issued, then repudiated, a comprehensive Report.
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Europe’s New SEP Regulation: All Quiet on the Patent Front?
Background: The European Commission is about to unveil draft regulation that will more tightly regulate how patents are incorporated into technology standards. The Commission’s expert . . .
Gus Hurwitz on Gonzalez v Google
ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss the U.S. Supreme Court’s Gonzalez v. Google LLC . . .
Mikołaj Barczentewicz on EU Data Privacy Law
ICLE Senior Scholar Miko?aj Barczentewicz was a guest on the Mobile Dev Memo podcast to discuss the recent spate of European Union decisions related to . . .
Fairness and Ambiguity in EU Competition Policy
The concept of fairness is not foreign to competition law, nor are considerations of fairness new to it. Persistent uncertainty regarding what constitutes fairness . . .
Markets, Competition, and Fairness in the EU
Fairness considerations are increasingly evoked in economic policy and have become part of the current conversation on the objectives of competition policy. While fairness . . .
Applying ne bis in idem in the aftermath of bpost and Nordzucker: the case of EU competition policy in digital markets
In bpost and Nordzucker the Grand Chamber of the European Court of Justice has finally arrived at a unified test for ne bis in . . .
Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
Just before Christmas, the European Commission published a draft implementing regulation (DIR) of the Digital Markets Act (DMA), establishing procedural rules that, in the Commission’s own words, . . .
GDPR Decision Against Meta Highlights that Privacy Regulators Don’t Understand ‘Necessity’
The €390 million fine that the Irish Data Protection Commission (DPC) levied last week against Meta marks both the latest skirmish in the ongoing regulatory war on . . .
DMA Begins
Introduction The year 2022 of 12 October marks the official birth of the Digital Markets Act (DMA). As with the General Data Protection Regulation, the European Union . . .