Emily Luken is an senior associate at Orrick’s Washington, D.C., office and a member of the firm’s Litigation practice group. Prior to law school, Emily worked as a research assistant and project coordinator at the Brookings Institution in Washington, D.C.
Winner, 2022 Antitrust Writing Awards: Academic, Readers’ Choice
Nominee, 2020 Antitrust Writing Awards: Business, Intellectual Property
Nominee, 2019 Antitrust Writing Awards: Business, Intellectual Property
Nominee, 2018 Antitrust Writing Awards: Business, Intellectual Property
Nominee, 2017 Antitrust Writing Awards: Business, Private Enforcement
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After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)
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In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. (...)
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently led a statement of interest in the Federal Trade Commission (FTC)’s (...)
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The extent to which competition law has shaped developments and understandings of standard-essential patents (SEPs) has increased substantially over the past fifteen years. When e-Competitions began publishing, there were very few cases and agency enforcement actions on the topic. The “Smartphone Wars” that played out in the early 2010s altered the landscape significantly and brought about numerous decisions applying competition law and competition law principles to SEPs in Europe, the United States, and Asia. Today, the exact contours of how competition law interacts with SEPs is one of the most hotly debated topics in legal literature. Indeed, a small but vocal minority question whether the issues that arise with respect to SEPs even trigger competition law at all.
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On June 4 – 5, 2019, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held an extraordinary and unprecedented evidentiary hearing to decide whether to enter the proposed Final Judgment in U.S. v. CVS/Aetna requiring the divestiture of Aetna’s Medicare Part D (...)
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This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. “Between a Rock and a Hard Place”: Unwired Planet v. Huawei and the Dangerous Implications of Worldwide FRAND Licenses I. Introduction The United Kingdom (...)
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The 2016 New York University School of Law conference, jointly organized with Concurrences Review, was held on October 28 on "Competition and Globalization in Developing Economies". The trade and competition regimes have markedly different degrees of formality at the international level and (...)
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2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases
