Antitrust Writing Awards – OECD Nominations

A number of papers issuing from the OECD have been nominated for the Antitrust Writing Awards by ‘Concurrences’. This is a good occasion to read a number of very interesting pieces published last year, and for voting for the ones you enjoy the most. You can find all the nominated pieces here. Among these pieces, you will find: The OECD’s ‘Market Study Guide for Competition Authorities’. You can find it and vote for it here. The OECD’s work on ‘Rethinking Antitrust Tools for Multi-sided Platforms’. You can find it and vote for it here. Both were nominated for the ‘Soft Law’ category. An article of mine on private enforcement, recently published by the Common Market Law Review, on ‘EU and National Approaches to Passing on and Causation in Competition Damages Cases’. You can find it and vote for it here.

Thomas Vinje ‘Intellectual Property and Antitrust Review (3rd Edition) – Chapter 5 – European Union’ (The Law Reviews, 2018)

The task of the book to which this chapter belongs is to provide an annual practical overview of developments on the relationship between antitrust and intellectual property. This chapter, which can be found here, describes the competition / IP law interface in Europe. It is structured as follows: Section II is devoted to a review of developments that took place in 2017. The section begins with a succinct description of the Google cases, before turning to a discussion on standard essential patents (SEPs). It also reviews the European Commission’s Communication on ‘Setting out the EU approach to Standard Essential Patents’. The paper then briefly discusses e-commerce. It begins by mentioning the ECJ’s Coty decision and the Policy Brief prepared by the European Commission concerning this judgment. This Brief states that Coty provides more clarity and legal certainty to market participants by confirming previous case law and establishing a clear legal framework for online commerce. The paper also mentions the Commission’s e-commerce sector…

Jorge Padilla, Douglas H. Ginsburg and Koren W. Wong-Ervin ‘Antitrust Analysis Involving Intellectual Property and Standards: Implications from Economics’ (forthcoming, George Mason Law Review)

The paper, which can be found here, provides an overview of the economics of innovation and IP protection, licensing, and compulsory licensing, with specific applications to standards development and standard-essential patents. The authors also propose principles based on their economic analysis that courts and antitrust agencies can apply at each stage of an antitrust inquiry. The paper concludes with a summary of the approach to IP applied in China, the European Union, India, Japan, Korea, and the United States. The paper covers a lot of ground (and is quite long). I will try to summarise the argument as much as possible, but, to make it easier to read, I will also attempt to flag the specific topics addressed at each point, so that you may focus on those matters of greater interest to you. The paper is structured as follows: Section II summarises the relevant economic literature. While consumers gain from increases in static efficiency in the short run, economics teaches us…