CLIP of the month: FTC v. Qualcomm on the duty to deal, price squeezes, and exclusive dealing
Licensing programme terms attract Commission scrutiny
CLIP of the month: A simple model of mergers and innovation
This month’s CLIP of the month is this Oxera report on the UK generics industry. This is an...
This month’s CLIP of the month is this Oxera report on the UK generics industry. This is an interesting perspective at a time when the CMA (like national competition authorities in other countries) is particularly focussed on this ...
Last week the French Competition Authority ADLC– l’Autorité de la Concurrence (ADLC)– announ...
Last week the French Competition Authority ADLC– l’Autorité de la Concurrence (ADLC)– announced fines totalling €2...
Interim measures are back – Broadcom faces EC probe
Killer acquisitions: the CMA and the iZettle/Paypal merger
Killer acquisitions and data access or divestment as a merger remedy
New Commission interventions target geo-blocking via technical measures and blocking of innovation
The dust has not quite yet settled on the Unwired Planet litigation saga, Huawei has applied...
The dust has not quite yet settled on the Unwired Planet litigation saga, Huawei has applied for permission to appeal to the Supreme Court (see our report on the Court of Appeal judgment here). Huawei and ZTE have also applied for p...
On 25 March the European Commission handed out a €12.5 million (£10.7 million) fine to sport...
On 25 March the European Commission handed out a €12.5 million (£10.7 million) fine to sportswear company Nike, fo...
CLIP of the month: The Bundeskartellamt’s Facebook Decision and the intersection of competition law and data protection
Final credits roll on the Hollywood movies pay-TV saga
Chancellor’s Spring Statement: Digital Advertising Market Study
OxFirst’s Third IP and Competition Forum: Creating the Missing Link in the Digital Economy
We reported on this blog about the General Court (GC)’s judgment in Servier on the day on wh...
We reported on this blog about the General Court (GC)’s judgment in Servier on the day on which that judgment was handed down, noting in particular the rejection of the Commission’s novel approach to market definition.
For those of you with an interest in IP/tech issues, you may find the upcoming 3rd Annual W@...
For those of you with an interest in IP/tech issues, you may find the upcoming 3rd Annual W@Competition Conference...
CLIP of the month: Competition law and innovation – where do we stand?
High Court rejects application to discharge CMA search warrant
Canal+ finds copyright is no match for the EU single market
Partial annulment of Servier decision by the General Court – some good news for pharma innovators at last
Pricing issues in the pharmaceutical industry continue to keep European competition authorit...
Pricing issues in the pharmaceutical industry continue to keep European competition authorities busy. From the UK excessive pricing case involving Pfizer and Flynn (which has been remitted to the CMA following appeal – see here and ...
In an important case on the intersection of IP and antitrust, the US Federal Trade Commissio...
In an important case on the intersection of IP and antitrust, the US Federal Trade Commission (FTC) has held that ...
US District Court confirms that Qualcomm must offer RAND SEP licences to rival chipset manufacturers
Brexit and Competition Law: CMA publishes guidance on its role in a “no-deal” scenario
CLIP of the month: Does orphan drug pricing pose an antitrust problem?
Unwired Planet v Huawei: Court of Appeal upholds Birss J’s judgment
The Commission’s SEP Communication was designed to offer guidance on FRAND and SEP licensing...
The Commission’s SEP Communication was designed to offer guidance on FRAND and SEP licensing. However, as we have noted before, it did not take a position on certain controversial issues such as use-based licences, or whether the FR...
In its judgment of earlier this year, the Court of Justice of the European Union (CJEU) uphe...
In its judgment of earlier this year, the Court of Justice of the European Union (CJEU) upheld a decision of the E...
Global FRAND issues unpicked in Japan Patent Office’s new licensing guidance
Request to re-open Glaxo ‘dual pricing’ case rejected by General Court: The end of the road for challenges to dual pricing?
CLIP of the month: Strengthening Buyer Power as a Solution to Platform Market Power?
Amazon Marketplace seems to be the Commission’s next big data antitrust target
Consider the following hypothetical scenarios: A group of suppliers of medical device equipm...
Consider the following hypothetical scenarios: A group of suppliers of medical device equipment meet to draw up minimum clinical standards for intravenous devices. Competing media platforms meet under the auspices of an industry g...
Back in May this year, the Court of Appeal sat for five days to hear Huawei’s appeal of Birs...
Back in May this year, the Court of Appeal sat for five days to hear Huawei’s appeal of Birss J’s judgment in Unwi...
BEIS notice on competition law in the event of a ‘no deal’ Brexit
The Ping judgment – CAT confirms that internet sales ban is restrictive of competition ‘by object’
Big Data? No antitrust problem for Apple/Shazam
Competition law challenge to orphan drug prices in the Netherlands
Last week, Concordia International released a management report in which it announced the na...
Last week, Concordia International released a management report in which it announced the names of six drugs currently under investigation by the Competition and Markets Authority (“CMA”). This relates to an investigation into Conc...
We reported a few months ago on the House of Lords Communications Select Committee’s r...
We reported a few months ago on the House of Lords Communications Select Committee’s report on advertising i...
Pharma stock management – nothing extraordinary in limiting parallel trade?
Commission considers pricing algorithms in fining consumer electronics manufacturers for RPM
Coty gets green light for online platform ban
MasterCard and Visa MIFfed as the Court of Appeal considers two-sided markets, SCOTUS itself is two-sided (Part 2 – the USA)
Whilst the Court of Appeal’s judgment in MasterCard / Visa, and the SCOTUS Opinion in AmEx m...
Whilst the Court of Appeal’s judgment in MasterCard / Visa, and the SCOTUS Opinion in AmEx may seem a little outside our usual area of focus, they are nevertheless decisions that relate to the operation of two-sided markets. With m...
The Commission’s November 2017 Communication on SEPs (on which we reported here) referred to...
The Commission’s November 2017 Communication on SEPs (on which we reported here) referred to the Commission’s inte...
Bienvenue à Bruxelles! Bristows’ Competition and Regulatory teams visit the new Continental Base
CAT judgment in Pfizer/Flynn: Was the CMA ‘unfair’ in its assessment of Pfizer and Flynn’s prices?
FRAND in the UK (May 2018 edition): Unwired Planet appeal, Apple v Qualcomm
The CJEU guidance in MEO on price discrimination in licensing may also impact FRAND / SEP licences
The House of Lords Select Committee on Communications has published its final report followi...
The House of Lords Select Committee on Communications has published its final report following a wide-ranging investigation into the UK digital ad market. Its headline finding is that a lack of transparency hinders the ability of a...
Last week, the European Commission confirmed that it had cleared the proposed merger between...
Last week, the European Commission confirmed that it had cleared the proposed merger between Bayer and Monsanto, t...
Race to publish rival SEP , FRAND Codes of Conduct: new CEN-CENELEC working groups established
Depression delayed: CMA’s paroxetine pay-for-delay case heads to Luxembourg
The BKA’s Facebook investigation: new frontier or regulatory overreach?
CLIP of the month: Competition restraints in online sales after Coty and Asics – what’s next?
CRISPR-Cas9 is heralded as a revolutionary gene editing technology that is regularly hitting...
CRISPR-Cas9 is heralded as a revolutionary gene editing technology that is regularly hitting the headlines for both its scientific promise and fiercely fought patent wars. Our colleagues have written extensively on these aspects (se...
Following cases in Italy, the UK and before the European Commission, the Danish authorities ...
Following cases in Italy, the UK and before the European Commission, the Danish authorities have reached an abuse ...
The chips are down! The Commission fines Qualcomm for abuse of dominance
Licensing commitments sufficient for Qualcomm to secure NXP takeover green light
French competition authority fines pharma company for its anti-generic ‘commando’ sales tactics
Online sales bans in the sports equipment sector: the CMA’s Ping decision
On 21 December 2017, Judge Selna of the US District Court for the Central District of Califo...
On 21 December 2017, Judge Selna of the US District Court for the Central District of California released a judgment which is likely to be the most significant US FRAND decision yet. In a case brought to end the global dispute betwe...
The CMA has today issued a £1.71m fine against two laundry companies for market sharing. Mi...
The CMA has today issued a £1.71m fine against two laundry companies for market sharing. Micronclean Limited was ...
Third-party platform bans justified for genuinely luxury brands
Commission Communication on SEP Licensing – where has the Roadmap led?
Deciding on terms of privacy policies – what are the risks of anti-competitive collusion?
Dutch Health Council’s proposal of compulsory licensing as solution to high pharma prices
On 20 November the European Parliament, the Council and the Commission reached anagreement t...
On 20 November the European Parliament, the Council and the Commission reached anagreement to adopt the proposed Geoblocking Regulation, which will come into force nine months after its publication in the EU Official Journal. The Re...
The CMA has opened an unprecedented number of new investigations in the pharmaceutical secto...
The CMA has opened an unprecedented number of new investigations in the pharmaceutical sector in the past month, w...
Economical with the truth? When providing misleading information to authorities might be an object infringement
Product hopping: The competition law risks of launching new product formulations
Introducing On the Pulse – the Bristows life sciences microsite
SEPs, 5G and the IoT: where will the Commission land on use-based licensing?
Johannes Laitenberger (Director-General for Competition, European Commission) spoke last wee...
Johannes Laitenberger (Director-General for Competition, European Commission) spoke last week on an increasingly prominent topic in competition authority discourse, namely the role of fairness in competition law. Fairness Taking his...
Last week the CJEU released its judgment on excessive pricing that could prove of interest t...
Last week the CJEU released its judgment on excessive pricing that could prove of interest to many of our readers....
The CJEU’s Intel judgment – First thoughts and some predictions
Apple’s battle with Qualcomm spreads to the UK
Excessive Pricing: Aspen lose their appeal in Italy – and are in the Commission’s crosshairs
Innovation and merger control
The Court of Justice of the European Union (‘CJEU’) has today handed down Advocate General W...
The Court of Justice of the European Union (‘CJEU’) has today handed down Advocate General Wahl’s opinion in the Coty Germany reference proceedings (see press release here, the full opinion should be published later today). The pres...
Patentees commonly litigate in Germany. The validity of a patent is considered separately fr...
Patentees commonly litigate in Germany. The validity of a patent is considered separately from (generally after) a...
Antitrust authorities are increasingly interested in pricing algorithms
Online auction commitments demonstrate digital markets are central to CMA’s priorities
Unwired Planet v Huawei: a new FRAND injunction
The Commission steps into the excessive pricing arena
On 10 May 2017 the European Commission published its Final Report on the E-commerce Sector I...
On 10 May 2017 the European Commission published its Final Report on the E-commerce Sector Inquiry, together with accompanyingQ&As, and, for those who want something rather longer, a Staff Working Document. The inquiry, launch...
The next telecommunications standard, 5G, and the nascent Internet of Things (IoT), promise ...
The next telecommunications standard, 5G, and the nascent Internet of Things (IoT), promise a world of high-speed ...
Unwired Planet v Huawei: Is FRAND now a competition law free zone? Not so fast…
Unwired Planet v Huawei: UK High Court determines FRAND licence rate
EU Commission’s Microsoft / LinkedIn Decision – watershed for competition and data?
Will pricing algorithms be the European Commission’s next antitrust target?
We reported last year on the Eturas decision, in which the Court of Justice ruled that techn...
We reported last year on the Eturas decision, in which the Court of Justice ruled that technical measures applied on an online platform gave rise to a potentially anti-competitive agreement. The Lithuanian Court which had referred ...
At the end of last week, the CMA sent a formal statement of objections to Actavis UK and Con...
At the end of last week, the CMA sent a formal statement of objections to Actavis UK and Concordia alleging that t...
Back to the future: the Commission opens e-commerce competition investigations
Amazon’s E-Books antitrust saga – War now Peace?
Patent licensing and antitrust – Qualcomm in the firing line
FTC settles abusive acquisition of pharma licensing rights
The Commission has published its Data Economy Package for non-personal data*, which is the f...
The Commission has published its Data Economy Package for non-personal data*, which is the final building block of its Digital Single Market (DSM) strategy – see our previous posts on the DSM here, here, and here. With its new pack...
In the latest instalment of the pay-TV saga, the French pay-TV operator Canal Plus has asked...
In the latest instalment of the pay-TV saga, the French pay-TV operator Canal Plus has asked EU judges to overturn...
The vexed question of the appropriate ‘royalty base’ for FRAND-based damages – the US Supreme Court declines to answer
When the price isn’t right – CMA fines Pfizer / Flynn for excessive pricing
We need to talk…about Pharmaceuticals and Standard Essential Patents
Hear it here first – competition law updates…
The ever-increasing amount of money tied up in TV deals for Premier League football perhaps ...
The ever-increasing amount of money tied up in TV deals for Premier League football perhaps makes it unsurprising that The Football Association Premier League (“FAPL”) has been willing to litigate on a number of occasions against pu...
We know it’s not strictly competition law or IP related but Competition and IP practitioners...
We know it’s not strictly competition law or IP related but Competition and IP practitioners (and indeed the gener...
Resetting Competition Policy Frameworks
Excessive pricing: the Italian version
The European Commission’s E-commerce Conference
Competition defences, patent litigation and costs…
A few days ago, we reported on the European Data Protection Supervisor’s (EDPS) Opinion on c...
A few days ago, we reported on the European Data Protection Supervisor’s (EDPS) Opinion on coherent enforcement of fundamental rights in the age of big data (see our post here, and the Opinion here). On Thursday 29 September, at a ...
Last week, the European Data Protection Supervisor (EDPS) released an Opinion on coherent en...
Last week, the European Data Protection Supervisor (EDPS) released an Opinion on coherent enforcement of fundament...
Patent Licensing and the Internet of Things – a Solution?
E-Commerce Sector Inquiry: Digital Content
EU Court to rule on ability of luxury brand owners to control online distribution
Competition and Regulation in Digital Markets
European Commission releases proposals on copyright and telecoms as part of Digital Single M...
European Commission releases proposals on copyright and telecoms as part of Digital Single Market strategy Today the European Commission released proposed directives, regulations and initiatives on telecoms and copyright, aimed at m...
The General Court of the EU has upheld the European Commission decision fining Lundbeck and ...
The General Court of the EU has upheld the European Commission decision fining Lundbeck and a number of generic co...
Proposed changes to the US Antitrust Guidelines for the Licensing of Intellectual Property – a transatlantic perspective
Online poster seller in the frame for algorithm-centred price-fixing cartel
This summer’s (not so) light reading – the CMA’s published Paroxetine decision (GSK/generics)
Competition policy v IP: striking a balance is a tricky exercise
As the dust begins to settle on the momentous events that unfolded in the early hours of Fri...
As the dust begins to settle on the momentous events that unfolded in the early hours of Friday 24 June, focus inevitably turns to the practical implications of what happens next. Many articles have already been written on this sub...
We hope you’ve got your popcorn ready because yesterday, there was a new development i...
We hope you’ve got your popcorn ready because yesterday, there was a new development in the ongoing Sky UK /...
Brexit – what next? A competition law perspective
FRAND in Finance
Testing the patent pool waters
Vodafone v Intellectual Ventures – Is a new front about to open in the FRAND wars?
As part of its Single Market Strategy, the Commission has announced that it will take steps ...
As part of its Single Market Strategy, the Commission has announced that it will take steps to modernise the EU’s policy on standardisation. In particular, the Commission will launch a Joint Initiative on Standardisation to modernis...
May 2016 was an important month for competition policy developments. We have reviewed the th...
May 2016 was an important month for competition policy developments. We have reviewed the three key developments t...
Qualcomm in the firing line again
The Commission has seen the future and it is standardised!
More on mythical creatures – FRAND and hold up revisited
Keeping a weather eye on competition and innovation
As part of the European Commission’s ongoing pay-TV investigation, it was announced last wee...
As part of the European Commission’s ongoing pay-TV investigation, it was announced last week that Paramount Pictures have offered commitments in order to address competition concerns. As we have previously discussed, the Commission...
The CMA has been slowly but surely opening a raft of new investigations in the pharma and me...
The CMA has been slowly but surely opening a raft of new investigations in the pharma and medical devices industri...
UPDATE: International spring cleaning time to review those IPR Guidelines
The NHS opens up to increased competition
A relatively rare beast: CMA clearance of a pharmaceutical sector merger
International spring cleaning: time to review those IPR guidelines…
relationship between Article 101(1) and patent licences. This arose from a disputed arbitrat...
relationship between Article 101(1) and patent licences. This arose from a disputed arbitration award between Genentech and Sanofi-Aventis, and followed a reference to the Court of Justice of the European Union (CJEU), from the Pari...
The Competition Commissioner, Margrethe Vestager, has today published her initial findings o...
The Competition Commissioner, Margrethe Vestager, has today published her initial findings on geo-blocking, as par...
A week of Standard Setting Conferences – Part II, the London Leg
A week of standard setting conferences – part 1: FRAND, hold-up and other mythical creatures
Standards, standards everywhere
New technology and competition law – mapping the way
The rise of machine learning gives rise to knotty legal problems, whether these relate to ho...
The rise of machine learning gives rise to knotty legal problems, whether these relate to how the law applies to robots and artificial intelligence*, or to algorithms which may be designed by humans, but then continue to run and ...
The CMA has fined a number of pharmaceutical companies, including GSK, for anti-competitive ...
The CMA has fined a number of pharmaceutical companies, including GSK, for anti-competitive conduct and agreements...
The Commission’s consultation on the IP Enforcement Directive – a competition as well as an IP issue
Germany’s competition probe into Facebook’s T&Cs, precedent or outlier?
The Commission’s 2016 Competition Enforcement Priorities: the Digital Economy and Standard Essential Patents
Why a Spanish state aid decision is making EU governments nervous
Margrethe Vestager, EU Competition Commissioner, addressed Munich’s zeitgeist-setting Digita...
Margrethe Vestager, EU Competition Commissioner, addressed Munich’s zeitgeist-setting Digital Life Design (DLD) Conference earlier this month on the question of data, competition and restrictions to market access. The Commissioner ...
The Competition and Markets Authority (“CMA”) has recently opened a new investigation into p...
The Competition and Markets Authority (“CMA”) has recently opened a new investigation into product discounts in th...
New industry coalition established to promote FRAND licensing
US Court guidance on principles to apply for RAND royalty calculations
6th Report on the Monitoring of Patents Settlements – déjà vu?
Approaches to Drugs Going Off-Patent: Naughty or NICE?
“The Internet is the oxygen of our digital economy and society. We are more and more c...
“The Internet is the oxygen of our digital economy and society. We are more and more connected, at every moment, everywhere.” – Andrus Ansip, Vice-President for the Digital Single Market. …It’s no wonder that the E...
The Commission has published its new internal market strategy. The areas that are likely to ...
The Commission has published its new internal market strategy. The areas that are likely to be of particular inter...
CMA investigates pharmaceutical sector pricing issues
Nokia / Alcatel-Lucent’s SEP portfolio: A tale of two mergers
Huawei v ZTE – three months on
Online platforms hold on tight
On 9 October 2015, the European Commission published its clearance decision in relation to t...
On 9 October 2015, the European Commission published its clearance decision in relation to the joint venture between three collecting societies (GEMA, STIM and PRSfM). This joint venture – and the European Commission’s (Commis...
It seems that the CMA’s opening of an investigation into Pfizer / Flynn (which we disc...
It seems that the CMA’s opening of an investigation into Pfizer / Flynn (which we discussed here) may not be...
Huawei may not be the end of the story
No rest for the Commission
Interested in competition law developments in the pharma sector…?
Flynn, Pfizer and Pharma in the Frame
Interim mandatory relief to compel a company to continue doing something it wanted to stop d...
Interim mandatory relief to compel a company to continue doing something it wanted to stop doing is one of the more draconian remedies in the legal arsenal. Yet the last few years have seen enough such cases in the competition law ...
A perhaps under-publicised resource on DG Comp’s website are its periodic Competition Policy...
A perhaps under-publicised resource on DG Comp’s website are its periodic Competition Policy Newsletters and Compe...
Geo-blocking and the Single Digital Market: a new statement of objections
CJEU judgment in Huawei v ZTE (Case C-130/13): theory and practice (2: Practice)
CJEU judgment in Huawei v ZTE (Case C-130/13): theory and practice (1: Theory)
The unseen risks of e-commerce – a timely AG opinion on technical measures for breaching the competition rules
Our new CLIP of the month comes from one of the antitrust blogs recommended on our sidebar. ...
Our new CLIP of the month comes from one of the antitrust blogs recommended on our sidebar. A guest contributor on ‘Chillin Competition’ hasblogged on a recent Australian judgment which eschews the EU/US trend towards infringement ...
Yesterday evening, together with a few colleagues, I attended a seminar on the European Comm...
Yesterday evening, together with a few colleagues, I attended a seminar on the European Commission’s e-comme...
Rosemary Choueka
Non-challenging times…
Try before you buy: pre-action disclosure of licences
European Commission announces e-commerce sector inquiry
Last year, I had the opportunity to contribute in a small way to an interesting project orga...
Last year, I had the opportunity to contribute in a small way to an interesting project organised by DG Connect under the wider umbrella of the Digital Agenda for Europe initiative. The project related to valuing and licensing inte...
A rare foray by the UK Supreme Court into telecoms regulation provides a fascinating insight...
A rare foray by the UK Supreme Court into telecoms regulation provides a fascinating insight into the standard of ...
Enacted: Consumer Rights Act 2015
Sticky switching opens the way to over-stickering
German Federal Cartel Office (FCO) decision in HRS (online hotel booking)
Fast track CAT injunctions – have your say on the draft rules
Over a year and a half after it was decided (a delay which this blog has bemoaned in the pas...
Over a year and a half after it was decided (a delay which this blog has bemoaned in the past), the Commission last month published the full (non-confidential) text of the decision on the patent settlement agreements entered into by...
BOLD FRAND statements seem to be the order of the year. The IEEE Board of Governorshas just...
BOLD FRAND statements seem to be the order of the year. The IEEE Board of Governorshas just approved its new stan...
Warner-Lambert/Actavis – Competition Law Insights
(Bio-)Similar views?
Chinese MIIT identifies basis for a FRAND royalty rate
Resolutions for innovation in 2015
Earlier this month the Commission published its 5th report on the monitoring of patent settl...
Earlier this month the Commission published its 5th report on the monitoring of patent settlements, looking at those concluded in 2013. The picture painted by the report is one of triumph: the number of settlements which attract an...
I blogged a while back about the concept of predatory innovation in a competition law contex...
I blogged a while back about the concept of predatory innovation in a competition law context. Since then, the Fre...
SEPs and FRAND: The calculation of RAND royalties in the US – incremental guidance
With great patents, there must come great restraint (but a bit less in the EU than the US)
Most-favoured-nation clauses in e-commerce: a guest economist’s view!
The politics of SEPs – finding the third way to obtain/avoid injunctive relief?
While this blog usually grapples with serious matters relating to the interrelationship betw...
While this blog usually grapples with serious matters relating to the interrelationship between Intellectual Property and Competition Law, we thought it was time for a more light hearted blog post as some pre festive cheer now that ...
**For a more detailed commentary, see here.** The Court of Justice of the European Union (‘C...
**For a more detailed commentary, see here.** The Court of Justice of the European Union (‘CJEU’) has this morning...
Europe’s Unitary Patent system draws one step nearer…
A (belated) Happy Standards Day!
Indian competition authority gets in on the IP action
Commission Decision to increase cooperation with Member States on IP
It has been a little while since we have published on the Technology Transfer Block Exemptio...
It has been a little while since we have published on the Technology Transfer Block Exemption on this blog (our last post on this subject was back in May). For those who have been longing for an aid to insomniasome further insights...
The Huawei v ZTE CJEU (C-170/13) oral hearing took place on 11 September 2014. As ‘standard...
The Huawei v ZTE CJEU (C-170/13) oral hearing took place on 11 September 2014. As ‘standardized’ readers will kno...
The CJEU serves up a little common sense in Cartes Bancaires?
“…hard cases make bad law …” – round table discussion on Intellectual Property and Competition
Nespresso finalises its competition commitments in France – but at what price for innovation?
Innovation and Intellectual Property – a controversy?”
Many of our pharma-themed blog posts have focused on the actions that European and US regula...
Many of our pharma-themed blog posts have focused on the actions that European and US regulators have been taking in the sector. However, it’s not just the EU and the US that are exploring the boundaries of their antitrust laws in ...
On 1 April 2014, on the first day of its operation, the CMA published its Annual Plan 2014/1...
On 1 April 2014, on the first day of its operation, the CMA published its Annual Plan 2014/15. At the end of July,...
Year of the Phoenix (aka EU/US competition cases reigniting in China)
Care’-ful with know-how and trade marks
Competition, innovation and DG Comp – in the mainstream press (or at least the Wall Street Journal)
Fast track CAT injunctions
ZTE has this week announced that it has made a formal competition complaint to the European ...
ZTE has this week announced that it has made a formal competition complaint to the European Commission, asking it to investigate the licensing practices of Vringo and its subsidiaries on the grounds that competition in the telecommu...
I recently recorded a webinar on general competition law issues in commercial contracts. Bea...
I recently recorded a webinar on general competition law issues in commercial contracts. Bearing in mind this blog...
Bifurcation at the UPC – competition policy squeezes and the scope for trolls
Competition law & IP licensing agreements
Recent developments in the TMT sector and competition law
Reckitt Benckiser reduces its competition law heartache in the UK / takes some of its own medicine
Reviewing the new TTBER and accompanying Guidelines in their first week in effect, two of us...
Reviewing the new TTBER and accompanying Guidelines in their first week in effect, two of us ended up having something of a ‘Socratic dialogue’ around the nature of patents and the views that seem to be emerging from the Commission ...
It seems that my recent post on “predatory technology / innovation” has touched a nerve. The...
It seems that my recent post on “predatory technology / innovation” has touched a nerve. The theme has been taken ...
Another collecting society has competition law concerns…
Predatory technology – a viable antitrust concept?
Online advertising restrictions in the spotlight again
University spin-out merger decision: lessons to be learned
Many AG opinions are just a forgettable ‘entremet’ between the General Court hors d’oeuvre a...
Many AG opinions are just a forgettable ‘entremet’ between the General Court hors d’oeuvre and the main course offered by the Court of Justice. But once in a while a game-changing Advocate General Opinion is offered up – for me (an...
Following on from Osman’s recent post ‘The FRAND debate: is the tide turning?’ see here, FTC...
Following on from Osman’s recent post ‘The FRAND debate: is the tide turning?’ see here, FTC Commissioner Wright’s...
BREAKING NEWS – New EU Technology Transfer Regulation and Guidelines
Pay-for-delay: an article on recent-ish developments
The FRAND debate: is the tide turning?
Collusion in the standard-setting context – are we likely to see claims in the EU?
The competition law points of interest are highlighted below, but it’s worth beginning with ...
The competition law points of interest are highlighted below, but it’s worth beginning with the usual summary of facts. A Czech spa provided guests with music, but without having entered into a licence with the Czech collecting soc...
On 27 January we co-hosted an event with CIPA. You can find the details here, if you’re inte...
On 27 January we co-hosted an event with CIPA. You can find the details here, if you’re interested. There was a t...
Divisive divisionals – more on the Consiglio di Stato Pfizer judgment
Global convergence on pharma deals close to patent expiry
Consiglio di Stato reinstates Pfizer €10.7 million Xalatan/latanoprost fine
Teva / Cephalon merger decision – no reason to nod off
The patent dispute between HTC and Nokia (which recently settled – days before the ITC...
The patent dispute between HTC and Nokia (which recently settled – days before the ITC was due to rule on the first two of Nokia’s complaints against HTC – for Nokia’s press release see here) generated some noteworthy English ...
Last night, we held our eagerly awaited roundtable discussion: “Technology licensing: adapti...
Last night, we held our eagerly awaited roundtable discussion: “Technology licensing: adapting to the EU’s n...
Technology licensing: adapting to the EU’s new regime – update
Last orders at the OFT…..
Elevated liability for cartelists?
“Les génériques dangereuses”: denigration and other recent pharma sector competition issues in France
Google bought Motorola in 2012 and paid an astounding $12.5 billion. At the time of sale, M...
Google bought Motorola in 2012 and paid an astounding $12.5 billion. At the time of sale, Motorola had $3 billion of cash on its balance sheet – so in reality, Google only(!) paid $9.5 billion for the company. At the end of 2012, G...
I noted with interest that the long-standing differences of opinion between US District Cour...
I noted with interest that the long-standing differences of opinion between US District Courts about the antitrust...
Litigation update
Reckitt Benckiser still suffering competition law heartache in the UK
Developments in the CC’s private healthcare market investigation in the UK
The OFT tackles restrictions on the online availability of medical devices
The European Commission announced today that it has launched a formal antitrust investigatio...
The European Commission announced today that it has launched a formal antitrust investigation into cross-border pay-TV services. The Commission is specifically interested in agreements between: (i) several major US film studios (Twe...
For those particularly interested in the current industry debate about when it can be abusiv...
For those particularly interested in the current industry debate about when it can be abusive to seek injunctions ...
Practice notes to note …
Online (r)evolution: Bosch boshed by the Bundeskartellamt
On line (r)evolution? The prospects for selective distribution in an internet future
French Competition Authority fines Schering-Plough for abuse of dominant position
Intellectual Ventures – arguably the world’s most infamous NPE with around 70,000 IP assets ...
Intellectual Ventures – arguably the world’s most infamous NPE with around 70,000 IP assets – has developed its own ‘patent finder’ site to “help customers interested in buying or licensing assets from [its] portfolio”. ...
E-commerce businesses, motor-related or otherwise, should take a look at the discussion of M...
E-commerce businesses, motor-related or otherwise, should take a look at the discussion of MFN clauses in the Comp...
A step closer to consensus on the availability of injunctive relief for an SEP?
The General Court dismissed appeal against Commission’s approval of Microsoft’s acquisition of Skype
Tough times ahead for patent trolls in the US as Innovation Act is passed by House of Representatives
The 4th Patent Settlement Monitoring Report – what’s new and what’s notl
Competition policy and its relationship with IP is the regulators’ topic of the moment. EU C...
Competition policy and its relationship with IP is the regulators’ topic of the moment. EU Commissioner Almunia chimed in today (9 December – see here) following the comments of FTC Commissioner Ohlhausen on 4 December (see he...
I attended a Kings College lecture given by Professor Richard Whish yesterday. Prof Whish g...
I attended a Kings College lecture given by Professor Richard Whish yesterday. Prof Whish gave a typically well-a...
Commission turns its attention to online sales
Another front in the telecoms ‘patent wars’: a novel type of antitrust complaint
The Commission clears Microsoft/Nokia merger
IBC Standards and Patents conference
A recent Chinese appeal court’s ruling is likely to have made quite an impression on t...
A recent Chinese appeal court’s ruling is likely to have made quite an impression on those responsible for the negotiation for licenses for global SEP portfolios. In a licensing dispute between Interdigital and Huawei, essen...
Given all that’s been happening on the competition/IP interface in recent months (and ...
Given all that’s been happening on the competition/IP interface in recent months (and the aversion of most c...
High Court grants injunctions against Barclays in a non-FRAND competition case
Virgin v Zodiac – what implications for the pharma sector?
Here cometh the CMA …
Alleged refusal to supply – when are measures against parallel trade abusive?
Grocery retailing has undergone revolutionary change over the last few decades. As the trad...
Grocery retailing has undergone revolutionary change over the last few decades. As the traditional quartet of the local butcher, baker, candlestick maker greengrocer and fishmonger has given way to the omnipresent national supermar...
In July 2013, District Court Judge Denise Cote handed down a detailed judgment finding that ...
In July 2013, District Court Judge Denise Cote handed down a detailed judgment finding that Apple had conspired wi...
Maximising privilege in competition law matters
