In this issue:
We’re ending the summer with a departure from our usual focus on a single topic, rather presenting a diverse and topical assortment of articles. First up is Judge Ding Wenlian from the Shanghai Higher People’s Court who discusses how Chinese authorities look at minimum RPM agreements. Then Michael Carrier continues our ongoing discussion of SEP issues with a comprehensive primer. Staying with technology issues are Shyam Khemani on how to best appraise the internet search market for competition violations and Mario Todino who finds a surprising convergence in the U.S. and EU approach to IP Rights. Finally, Jim Nieberding focuses on the potential anticompetitive aspects of MFNs. Enjoy!
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Antitrust Antipasto
Judicial Evaluations of Minimum Resale Price Maintenance Behavior
In the absence of sufficient empirical evidence indicating that most minimum resale price maintenance behaviors harm competition, for China it is not a wise choice to adopt either a “per se illegal” or “principle of prohibition + exceptions exemption” for minimum resale price maintenance behavior. Ding Wenlian (Shanghai Higher People’s Court)
What You Need To Know About Standard Essential Patents
SEPs present complex issues that are constantly changing and bear watching. Michael Carrier (Rutgers Law School)
Competition, Innovation, and Dynamic Change in the Internet Information Search Industry
Competition authorities need to ascertain if a firm’s alleged dominant market position stems from “superior competitive performance” over rivals. R. Shyam Khemani (MiCRA)
Antitrust Rules and IP Rights in the European Union and the United States—Towards Convergence
There is much more convergence between the U.S. and the EU systems than what has been conventionally thought. Mario Todino (Gianni, Origoni, Grippo, Cappelli & Partners)
The Anticompetitive Potential of MFNs
General conclusions about whether MFNs are pro-competitive or anticompetitive are of little assistance in analyzing whether a particular MFN (or its variants) runs afoul of antitrust laws. James F. Nieberding (North Coast Economics)
