A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent becomes part of a standard pursuant to an...

There is a significant industrial organization (IO) economics literature on the economics of innovation and intellectual property (IP) protection. As some courts and antitrust agencies have recognized, the IO economics toolkit for business arrangements (e.g., vertical restraints, tying and...

This comment is submitted to Korea's Fair Trade Commission ("KFTC") by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the KFTC's December 16, 2015 amendments to its Review Guidelines on Unfair Exercise of Intellectual Property Rights. The GAI...

This comment is submitted to the U.S. Antitrust Agencies by the Global Antitrust Institute (GAI) at Scalia Law School, George Mason University on the Agencies' Proposed Update of the Antitrust Guidelines for the Licensing of Intellectual Property. The GAI Competition Advocacy Program provides a...

Makan Delrahim, the Assistant Attorney General for Antitrust at the U.S. Department of Justice, delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition Policy International. Following up on that discussion, Mr....

The GAI submitted comments in response to a public consultation by the Japan Patent Office (JPO) regarding its Draft Guide for SEP (standard-essential patent) Licensing Negotiations. The GAI comments encouraged the JPO to acknowledge the platform characteristics of standard-setting organizations...

This Comment is submitted in relation to the Federal Trade Commission's (“FTC”) Hearings on Competition and Consumer Protection in the 21st Century. We submit this Comment based upon our extensive experience and expertise in antitrust law and economics. As an organization committed to...

In modern antitrust law, intellectual and other forms of property have been treated symmetrically as a matter of principle. Recent actions by the Federal Trade Commission and Antitrust Division of the Department of Justice, however, sound a departure from this salutary principle of symmetry. In...

PAEs have been much in the news because of certain practices that imply their demand for royalties is nothing more than extortion based upon the nuisance value of a lawsuit the PAE might bring, or explicitly threatens to bring, if no agreement is reached with the party practicing the patent. The...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School, George Mason University in response to the Anti-Monopoly Commission of the State Council of the People's Republic of China's public consultation on its draft Anti-Monopoly Guidelines Against Abuse of...