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...

Standard setting has become increasingly important to the economy. Voluntary, open, and market driven standard setting promotes research and development investments in “best of generation” technologies that enable and accelerate follow on innovation, competition, and economic growth....

In the last several years, competition agencies around the world have imposed or considered imposing extra-jurisdictional remedies on patent holders, particularly owners of standard-essential patents (SEPs) upon which the patent holder has made a commitment to license on fair, reasonable, and...

The proper assessment of monopoly power or dominance in platform markets is a hot topic of debate and study, including by competition agencies around the world and the multilateral organizations in which they participate. For example, the International Competition Network is currently gathering...

Several federal district courts, as well as the Federal Trade Commission (FTC), have weighed in on the appropriate methodology for calculating either a reasonable royalty rate or reasonable royalty damages on a standard-essential patent (SEP) encumbered by a commitment to license on fair,...

Investigations and litigation involving standard-essential patents (SEPs) have begun to spring up around the globe. In February 2014, the Korean Fair Trade Commission issued its first decision on the issue of whether seeking injunctive relief on a FRAND-encumbered SEP constitutes a violation of...