The term quot;reverse paymentquot; has been used as shorthand to characterize a variety of diverse agreements between patent owners and alleged infringers that involve a transfer of consideration from the patent owner to the alleged infringer. Reverse payment settlements are particularly...

Following the U.S. Supreme Court’s 2013 holding in FTC v. Actavis, Inc. that antitrust liability can attach to reverse payment patent settlements, courts have diverged about how to determine whether private parties who prove that such an agreement violates antitrust law are entitled to any...

In this article, the authors show that blockchain can help in reaching the goals of antitrust law in situations where the rule of law does not (fully) apply. They detail what needs to be done to this end, from both a technical and legal standpoint

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

Unlike traditional antitrust analysis, a behavioural approach to antitrust law and economics is grounded in empirical observations of human behaviour. These reveal that judgments and decisions by real decision-makers in the market deviate systematically from those predicted by the rational...