The EC regulatory framework in the electronic communications sector is characterized by the concurrent application of competition law and sector specific regulatory rules. An institutional defect of this dual-regulatory model is the risk of duplication of procedures between competition...

This paper explores the practice of IPR protection and antitrust regulation of standard essential patents (SEPs) in China and discusses whether the licensing of SEPs should be regulated in a way different from other patent cases. With regard to IPR protection, the Chinese judiciary has actively...

The liberalized telecom sector is pervasively confronted with two challenges, conflicts between the market mechanism and sector-specific regulation on the one hand and conflicts between sector-specific regulation and competition law on the other hand. While the former has been taken care by the...

In June, 2014, the State Administration for Industry and Commerce published the Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights (Consultation Draft). This will be the first regulation dealing with the application of...

This essay gives an extensive examination of competition assessment and remedies in IPR-related merger cases in China, and aims to reveal the impact of IPRs on merger control under the framework of China's Anti-monopoly Law

This article reviews the practice of competition agencies, including NDRC, Mofcom and SAIC, and courts in China regarding the application of antitrust law to intellectual property rights related anti-competitive conduct. It covers all the cases and regulations coming out after the adoption of...