FRAND

Institution Definition

Fair, Reasonable and Non-Discriminatory (FRAND or FRAND licensing). For more see Fair, Reasonable and Non-Discriminatory (FRAND) Licensing Terms. Research Analysis of a Controversial Concept, 2015

See also Compulsory license and Licensing

Articles

Herbert J. Hovenkamp, Douglas Melamed Herbert Hovenkamp: Addressing the Divisions in Antitrust Policy

November 2021

Interview conducted by A. Douglas Melamed, Professor, Stanford University How did it all begin? Or, to be more precise, how did you come to be an antitrust scholar, and how did you come to be a coauthor, and ultimately the author, of the treatise? In the late 1970s I was a fresh PhD teaching (...)

Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley, Christopher R. Leslie, Michael A. Carrier IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Herbert J. HOVENKAMP, Mark D. JANIS, Mark A. LEMLEY, Christopher R. LESLIE and Michael A. CARRIER

February 2021

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Thomas F. Cotter Antitrust, intellectual property, and dynamic efficiency: An essay in honor of Herbert Hovenkamp

September 2020

Article to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2021. This essay argues that, while intellectual property (IP) and antitrust often operate as complementary bodies of law, in some residuum of cases there will be widespread disagreement among (...)

John Handoll India: Remedies in merger cases

February 2019

No notified combination has to date been prohibited by the Competition Commission of India (CCI). However, the clearance of some 30 combinations has been subject to the parties implementing structural or non-structural (behavioural) remedies. This article outlines the sometimes innovative (...)

Anne Perrot, Damien Geradin, Paul Seabright Standards and competition (Nasse Seminar - Paris, 5th of novembre 2009)

February 2010

During the Seminar organized the 5th of november of 2009, Damien Geradin and Paul Seabright talked about standards and competition. The seminar was animed by Anne Perrot, vice-president of the Competition Authority. Created at the end of the 1980s within the Forecasting Department, the (...)

Hanhong Wu, Wei Tan Introduction (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

November 2018

The article below introduces 9 articles related to the conference "10 years of Anti-Monopoly Law in China" held in Beijing on July 14, 2018 and published in this issue of Concurrences N°4-2018. Introduction Wei Tan Managing Director, Mingde Economic Research Inc., Washington, D.C Hanhong Wu (...)

Shan Jiao, Wei Tan, Ying Qin Merger control (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

November 2018

These papers review the use of FRAND commitment as merger remedy and the risks of Un-notified Concentrations in China. The paper looks at the economic meaning of FRAND price after the merger, the potential abuse of FRAND commitment and the implication of these remedies. By the end of this (...)

Guanbin Xie, Li Zhu, Xuting Wu IP and antitrust litigation (10 years of the Anti-Monopoly Law in China - Beijing, 14 July 2018)

November 2018

In April 2017, Beijing High Court issued its Guidelines on the Ruling of Patent Infringements and one year later, Guangdong High Court issued its Guidelines for the Trial of SEP Disputes (for trial implementation) on 26 April 2018. Both of these Guidelines tried to resolve the SEP-related (...)

Aymeric de Moncuit Connecting competition law standards to the Internet of things

November 2018

The advent of the Internet of Things will entail a new Internet revolution and bring about profound changes that will rival the first wave of Internet innovation. This paper explores the competition law implications raised by this upcoming revolution. Starting by discussing the merits of open (...)

Lara Rachidi The availability of injunctive relief under EU and US law for FRAND-encumbered patents

September 2018

Although seeking an injunction might be a legitimate tool, threatening a willing licensee with an injunction to extract excessive royalties can be abusive under competition law. In these cases, patentees abuse their market power by using injunctive remedies to avoid their FRAND commitment. Even (...)

Gabriella Muscolo, Giovanni Pitruzzella Unfair prices: A few remarks on competition policy and antitrust analysis

February 2018

Recent antitrust intervention against unfair prices in the pharmaceutical industry by the Italian and UK competition authorities, as well as the answer of the European Court of Justice to preliminary questions from the Latvian Supreme Court, have breathed new life into the longstanding debate (...)

Maurits J. F. M. Dolmans, Wanjie Lin Fairness and competition law: A fairness paradox

November 2017

“Fairness” in EU competition law is hotly debated. This article explores the concept from a sociological, philosophical, and legal perspective, and suggests there is a fairness paradox: while competition law should reflect the values of fairness, if fairness were actually employed in substantive (...)

Catherine Prieto Antitrust Issues in Intellectual Property Law, Bradford P. LYERLA

November 2017

Hanns Ullrich FRAND Access to open standards and the patent exclusivity: Restating the principles

May 2017

When technical standards are to be defined pursuant to the claims of a patent and, therefore, the use of the standard will necessarily infringe that standard-essential patent (SEP), the proprietor may commit to granting all users a license at fair, reasonable and non-discriminatory (FRAND) (...)

David Leys Communications and Competition Law - Key issues in the Telecoms, Media and Technology Sectors

January 2015

This book sheds clear light on the current international contours of competition law vis-à-vis communications, and provides deeply informed insight and lessons to be learned from experiences in several countries. With a primary focus on Brazil, which alone in the world to date has legislated (...)

Events

Jonathan M. Barnett, Pierre Régibeau, Raphaël De Coninck, Paul Lugard, Avantika Chowdhury, Kirti Gupta IP & Antitrust - #1 The value of IP: FRAND licensing of SEPs

15 June 2021

1st Webinar of the 1st « IP & Antitrust: Hot Issues » Conference organised by Concurrences, in partnership with Baker Botts, Oxera and CRA. Keynote speech by Pierre Régibeau (Chief Economist, DG COMP). Panel with Jonathan Barnett (Professor, University of Southern California), Avantika Chowdhury (Partner, Oxera), Raphaël De Coninck (Vice President, Charles River Associates), Kirti Gupta (Vice President, Economic Strategy | Chief Economist, Qualcomm) and Paul Lugard (Partner, Baker Botts).

Monica Magnusson, Kirti Gupta, Douglas Lahnborg, David Matthew, Kadambari Prasad, Renato Nazzini Innovation Economics Conference for Antitrust Lawyers #1 5G, Internet of Things, SEPs

23 June 2020

1st Webinar of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Compass Lexecon and Orrick, with Kirti Gupta (Vice President - Technology & Economic Strategy, Qualcomm), Douglas Lahnborg (Partner, Orrick), Monica Magnusson (Vice President - IPR Policy, Ericsson), David Matthew (Director of Economics, Ofcom), Renato Nazzini (Professor, King’s College London) and Kadambari Prasad (Senior Economist, Compass Lexecon).

Cristina Caffarra, Thomas Kramler e-Commerce Inquiry: Removing the last Public and Private Barriers

20 April 2016

Conference organized by Concurrences Review in partnership with Charles River Associates (CRA) and Shearman & Sterling.

Fiona M. Scott-Morton, Guillaume Loriot, Hanno F. Kaiser, Sven Voelcker Challenges for Antitrust Enforcement in the Technology Sector

14 October 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Latham & Watkins.

Alvaro Ramos, Gregor Langus, Miguel Rato, Nicholas Banasevic SEPs & FRAND after the ECJ Huawei/ZTE ruling

23 September 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Shearman & Sterling and Compass Lexecon.

Jorge Padilla, Miguel Rato, Thomas Kramler, Trevor Soames What is FRAND? A progress report

30 June 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Shearman & Sterling and Compass Lexecon.

Christian Riis-Madsen, David Spector, Frédéric Jenny, Nicholas Banasevic Proof of abuse of dominant position

3 June 2015

Workshop organized by Concurrences Review in partnership with O’Melveny & Myers and MAPP.

Jorge Padilla, Thomas Kramler, Trevor Soames Standard settings: Implications for European competition law and policy

4 March 2014

Law & Economics workshop organized by Concurrences in partnership with Shearman & Sterling and Compass Lexecon.

Jorge Padilla, Thomas Kramler, Trevor Soames Standard Settings: Implications for European competition law

17 February 2014

Thomas Kramler
Trevor Soames
Jorge Padilla

Books

Chapters

Thomas F. Cotter Herbert Hovenkamp Liber Amicorum - The Dean of American Antitrust Law PART V - THE INTERFACE OF INNOVATION, INTELLECTUAL PROPERTY, AND ANTITRUST
Antitrust, Intellectual Property, and Dynamic Efficiency: An Essay in Honor of Herbert Hovenkamp

7 Jul 2021

PART V The Interface of Innovation, Intellectual Property, and Antitrust 199 Antitrust, Intellectual Property, and Dynamic Efficiency: An Essay in Honor of Herbert Hovenkamp Thomas f. C oTTer * University of Minnesota Law School Abstract This paper argues that, while intellectual property (IP) and (...)

Paul Lugard Frédéric Jenny Liber Amicorum Volume II - Standing Up for Convergence and Relevance in Antitrust The Application of Antitrust Principles to SEP FRAND Disputes: Anticompetitive Exploitative and Exclusionary Conduct And What About Anti Suit Injunctions

2 Jun 2021

239 The Application of Antitrust Principles to SEP/FRAND Disputes: Anticompetitive Exploitative and Exclusionary Conduct. And What About Anti -Suit Injunctions? Paul luGard * Baker Botts Abstract As the dissemination of 5G and other standard essential technologies becomes more important and (...)

Jorge Padilla, Koren Wong-Ervin Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets

9 Dec 2020

131 Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets JOrGe P adIlla and K Oren w. w OnG -e rvIn * Compass Lexecon Global Antitrust Institute, George Mason University Abstract We consider the merits of recent (...)

Rupprecht Podszun 2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Intellectual Property
Intellectual Property and Competition Law

31 Jan 2020

Intellectual Property 597 Intellectual Property and Competition Law: An Overview of EU and National Case Law r UPP re Cht P odsz Un University heinrich heine (d ?sseldorf) podszun@hhu.de i. introduction About ten years ago, ?iP and competition law? was the hottest ticket in antitrust town. the (...)

Fayrouze Masmi-Dazi 2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Telecom
Dominance in the Telecom Sector

31 Jan 2020

Telecommunications 633 Dominance in the Telecom Sector: An Overview of EU and National Case Law FAyro Uze m Asmi -d Azi Frieh Associ?s (Paris) fmasmi-dazi@frieh.law i. introduction the last contribution made on this subject in the e-Competitions Bulletin dates back to 2016 and provided an (...)

Daniel Rubinfeld Frédéric Jenny Liber Amicorum The Antitrust Economics Treatment of Standard Essential Patents— the EU v. the US

1 Jan 2019

121 The Antitrust Economics Treatment of Standard Essential Patents— the EU v. the US dAniel r ubinField * University of California, Berkeley and New York University Abstract This paper discusses antitrust economics issues underlying the EU and US treatment of the balance between the rights of (...)

Kirti Gupta Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition Part II: High Tech, Pharmaceuticals and Intellectual Property
FRAND in India: Emerging Developments

1 Jun 2016

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 31 FRAND in India: Emerging Developments KIRTI GUPTA * kgupta@qualcomm.com Director of Economic Strategy, Qualcomm Abstract There is an ongoing debate about the Intellectual Property Rights (“IPR”) policies of major Standard Setting (...)

John D. Harkrider Global Antitrust Economics - Issues in Antitrust and Law & Economics Betwixt and Between: The FTC and DOJ as Regulators and Law Enforcers

21 Mar 2016

GLOBAL ANTITRUST ECONOMICS | C URRENT ISSUES IN ANTITRUST AND LAW & E CONOMICS 23 Betwixt and Between: The FTC and DOJ as Regulators and Law Enforcers JOHN D. H ARKRIDER * jharkrider@axinn.com Partner, Axinn, Veltrop & Harkrider Abstract While the FTC and DOJ strongly contend that they are (...)

Maureen K. Ohlhausen Global Antitrust Economics - Issues in Antitrust and Law & Economics Brother, May I? : The Challenge of Competition Control over Market Entry

21 Mar 2016

GLOBAL ANTITRUST ECONOMICS | C URRENT ISSUES IN ANTITRUST AND LAW & E CONOMICS 67 Brother, May I?: The Challenge of Competitor Control over Market Entry MAUREEN K. O HLHAUSEN * mohlhausen@ftc.gov Commissioner, US Federal Trade Commission Abstract Those concerned with restrictions on innovative (...)

Elizabeth Xiao-Ru Wang, Huang Yong Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Merger Remedies of China’s Ministry of Commerce

23 Sep 2015

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 67 Merger Remedies of China’s Ministry of Commerce ELIZABETH XIAO -RU W ANG ewang@crai.com Principal, Charles River Associates YONG HUANG huangyong1962@vip.sina.com Director, Economic Law Department, University of International (...)

Maureen K. Ohlhausen William E. Kovacic: An Antitrust Tribute Liber Amicorum Vol. II The Federal Trade Commission at 100: Recommendations for Improving Agency Performance

9 Sep 2014

101 William E. Kovacic | An Antitrust Tribute - Liber Amicorum - Volume II The Federal Trade Commission at 100: Recommendations for Improving Agency Performance M AUREEN K. O HLHAUSEN * mohlhausen@ftc.gov US Federal Trade Commissioner, Washington, DC Abstract This article pays tribute to Bill (...)

William E. Kovacic: An Antitrust Tribute Liber Amicorum Vol. II Standard Essential Patents and the Problem of Hold Up

9 Sep 2014

409 William E. Kovacic | An Antitrust Tribute - Liber Amicorum - Volume II Standard-Essential Patents and the Problem of Hold-Up JOSEPH K ATTAN * jkattan@gibsondunn.com Partner, Gibson, Dunn & Crutcher, Washington, DC CHRIS W OOD * cwood@gibsondunn.com Partner, Gibson, Dunn & Crutcher, (...)

A B C D E F G H I J L M N O P R S T U V

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

B

Barriers to entry • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Contract • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Economies of scale • Effect on trade between Member States • Effective judicial protection • EFTA Surveillance Authority (ESA) & Court • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Form CO • Franchising • FRAND • Free riding

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Hearing officer • Horizontal agreement

I

Independence and impartiality • Individual exemption • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Lerner index • Letter of rejection of complaints • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Misinformation

N

Ne bis in idem • Network effect • Non-competition clause • Notification • Nullity

O

Oligopoly

R

Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Restriction on exportation • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Substitutability • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service • Upstream market

V

Vertical agreement • Vertical restraints (or restrictions)