ICLE white paper looks at proposals from Congress and the Federal Reserve to mandate routing requirements on credit cards and other payment networks.
Letter to AAG Kanter Re: SEPs and Patent Pools
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law
The German Bundeskartellamt (Federal Cartel Office or FCO) this week reached a decision in its nearly 3-year-old Facebook investigation.
Commissioner Josh Wright’s dissenting statement in the Federal Trade Commission’s recent McWane proceeding is a must-read for anyone interested in the law and economics of . . .
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As former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law, we write to express our support . . .
ICLE Response to EU Commission Call for Evidence Concerning a New Framework for Standard-Essential Patents
Introduction We thank the European Commission for this opportunity to comment on its call for evidence concerning a new framework for standard-essential patents. The International . . .
All too frequently, vocal advocates for “Internet Freedom” imagine it exists along just a single dimension: the extent to which it permits individuals and firms . . .
U.S. antitrust policy seeks to promote vigorous marketplace competition in order to enhance consumer welfare. For more than four decades, mainstream antitrust enforcers have taken . . .
Stian Westlake and Jonathan Haskel find that recent changes in interfirm competition are driven not by less competitive markets, but by the growing importance of intangible capital like R&D, brands, software, and organizational development.
President Joe Biden’s July 2021 executive order set forth a commitment to reinvigorate U.S. innovation and competitiveness. The administration’s efforts to pass the America COMPETES Act would appear to . . .
Unpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on Standard-Essential Patents (SEPs)
Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department . . .
Comments of Scholars of Law, Economics, and Business Draft USPTO, NIST, & DOJ Policy Statement on Licensing Negotiations and Remedies for Standard-Essential Patents Subject to . . .
The patent system is too often caricatured as involving the grant of “monopolies” that may be used to delay entry and retard competition in key . . .