Issues

How Essential are Standard-Essential Patents?

Standard-essential patents (SEPs) cover technologies needed to make complex products like wi-fi. Patent trolls that assert SEPs in court win few cases, often because the patent was not actually infringed.

Platforms and Interoperability in Oracle v. Google

Software made by one firm often needs to work with software made by other firms. In Oracle v. Google, a federal court will consider whether copyright law will change to hinder software interoperability.

AT&T Shellacs the Government in Time Warner Merger Case

In June of 2018, United States District Court Judge Richard Leon ruled that government failed to provide enough evidence to enjoin the merger of AT&T with Time Warner.

The European Commission Picks a Fight with Google Android over Business Models

In 2018, the European Commission (EC) ordered Google to change the way its Android software was licensed. The EC’s decision pressures Google to change its business model to mimic Apple.

Standard Setting Organizations and Standard Essential Patents: Voting and Markets

Some observers are concerned that standard setting unfairly benefits the owners of standard essential patents (SEPs). However, standard setting organizations (SSOs) usually choose rules that benefit all.

Antisocial Media: How Facebook Disconnects Us and Undermines Democracy

Facebook and other tech firms have failed to filter out racism and other harmful ideas from the public sphere and encourage people to express themselves in shallow ways. The idea that the Internet would lead to more freedom and more competition was a myth.

Does Antitrust Have a Role to Play in Regulating Big Data?

This paper reviews studies that consider whether antitrust law should be used to regulate big data. Most conclude that such a use of antitrust law could harm innovation and consumers. Generally, the use of big data supports competition and benefits consumers.

FRAND (And Industrial Policy) in China

Some patents must be licensed under fair, reasonable, and non-discriminatory (FRAND) terms. China’s Anti-Monopoly Law (AML) empowers Chinese authorities to decide cases involving such licenses. Because the Chinese economy is so large, Chinese decisions will affect licensing worldwide.

Antitrust via Rulemaking: Competition Catalysts

Some observers note a decline in competition in American industry; fewer new firms are entering the market, and markets are becoming more concentrated. Federal and state agencies can devise regulations to catalyze competition.

Antitrust and Intellectual Property: A Brief Introduction

This chapter explores the conflict between antitrust law and intellectual property (IP) rights. Antitrust law aims at limiting monopoly power, while IP rights tend to establish limited monopolies in ideas, but IP rights rarely confer the ability to raise prices without losing customers.