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Scholarship Abstract Innovation plays a crucial role in defining competitive dynamics. Given this fact, one might expect ‘innovation’ to play a consistent role in antitrust law. . . .
Innovation plays a crucial role in defining competitive dynamics. Given this fact, one might expect ‘innovation’ to play a consistent role in antitrust law. The present article conducts a systematic content analysis of the case law of the Court of Justice of the European Union to test this hypothesis. The results suggest that EU courts assign a fragmented role to innovation in competition law cases. We end with proposals to remedy this situation.
TOTM The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already been . . .
The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already been the subject of extensive commentary (see here, here, and here). The proposed regulation apparently will include a complete overhaul of the current SEP-licensing system and will insert a new layer of bureaucracy in this area.
Read the full piece here.
TOTM Last week’s roundup was postponed because I was kibbitzing at the spring meeting of the American Bar Association (ABA) Antitrust Section. For those outside the . . .
Last week’s roundup was postponed because I was kibbitzing at the spring meeting of the American Bar Association (ABA) Antitrust Section. For those outside the antitrust world, the spring meeting is the annual antitrust version of Woodstock. For those inside the antitrust world: Antitrust Woodstock is not really a thing. At the planetary-orbit level, the two events are similar in that they comprise times that are alternately engaging, interesting, fun, odd, and stultifying. There were more than 3,500 competition lawyers and economists in one place, if not one room. Imagine it, then pour yourself a good stiff drink.
Popular Media In the era of Uber and DoorDash, state governments are grappling with how to address the problems stemming from a growing independent or “gig” workforce. . . .
In the era of Uber and DoorDash, state governments are grappling with how to address the problems stemming from a growing independent or “gig” workforce.
In Utah, there are more than 80,000 self-employed and independent workers who may not have access to traditional work benefits. This arrangement reflects a relic of the past. Many decades ago, tax incentives were created to encourage our benefits to be tied to our jobs, and labor laws were created to restrict companies from providing benefits to nontraditional employees.
Presentations & Interviews ICLE President Geoffrey A. Manne’s March 1 contribution to the Hayek Lecture Series at Duke University’s Center for the History of the Political Economy, adapted . . .
ICLE President Geoffrey A. Manne’s March 1 contribution to the Hayek Lecture Series at Duke University’s Center for the History of the Political Economy, adapted from a November 2021 ICLE white paper of the same name. The full video is embedded below.
TOTM The European Commission on March 27 showered the public with a series of documents heralding a new, more interventionist approach to enforce Article 102 of . . .
The European Commission on March 27 showered the public with a series of documents heralding a new, more interventionist approach to enforce Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits “abuses of dominance.” This new approach threatens more aggressive, less economically sound enforcement of single-firm conduct in Europe.
Popular Media Imagine that Florida’s financial regulators told banks and insurance companies that they should consider the risk that working with Planned Parenthood might pose to them. . . .
Imagine that Florida’s financial regulators told banks and insurance companies that they should consider the risk that working with Planned Parenthood might pose to them. Or that Texas’s regulators said that banks and insurance companies should consider whether serving organizations that support undocumented migrants might damage their reputations. Alarming, right?
TOTM Regrettably, but not unexpectedly, the Federal Trade Commission (FTC) yesterday threw out a reasoned decision by its administrative law judge and ordered DNA-sequencing provider Illumina Inc. to . . .
Regrettably, but not unexpectedly, the Federal Trade Commission (FTC) yesterday threw out a reasoned decision by its administrative law judge and ordered DNA-sequencing provider Illumina Inc. to divest GRAIL Inc., makers of a multi-cancer early detection (MCED) test.
Scholarship Abstract How do changes in patent law affect the exchange by which society awards an exclusive right of limited duration and the inventor discloses technology . . .
How do changes in patent law affect the exchange by which society awards an exclusive right of limited duration and the inventor discloses technology that others may freely use after the period of exclusivity? Between 1983-1985, the U.S. Court of Appeals for the Federal Circuit shifted the law in favor of patent owners, to degrees varying geographically by judicial circuit. We find that the Federal Circuit was associated with an increase in the commercial value of patents by 11.7 percent, but no significant increase in the technological quality of the patented inventions followed. Apparently, the value of the patent monopoly increased substantially without a commensurate increase in inventors’ contributions of knowledge to society.
