by Kevin Coates | Mar 26, 2014 | News from around the Web
From Journal of European Competition Law & Practice – current issue: Cisco: General Court’s ruling dismissing an appeal against Microsoft/Skype merger “”
by Kevin Coates | Mar 12, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: Innovation Markets, Future Markets, or Potential Competition: How Should Competition Authorities Account for Innovation Competition in Merger Reviews? “Benjamin Kern, University of Marburg asks Innovation Markets, Future Markets, or Potential Competition: How Should Competition Authorities Account for Innovation Competition in Merger Reviews? ABSTRACT: The relevant competitors in regard to innovation might, but not necessarily do, correspond to...
by Kevin Coates | Mar 10, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: How Can Software Interoperability Be Achieved Under European Competition Law and Related Regimes? “Inge Graef, Research Foundation – Flanders (FWO), asks How Can Software Interoperability Be Achieved Under European Competition Law and Related Regimes? ABSTRACT: While software interoperability can be achieved under European competition law, there may be a need for more...
by Kevin Coates | Feb 24, 2014 | News from around the Web
From Chillin’Competition: WhatsApp, Facebook? “A few hours ago Facebook announced its purchase of WhatsApp, which has been -more or less- valued at over 13 billion euros, one of the most expensive tech aquisitions ever. As any well-informed competition lawyer may have learnt from recent case-law, this may seem like a risky investment: WhatsApp operates in a dynamic market, in which barriers to entry are said to be almost...
by Kevin Coates | Feb 7, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: Patent Misuse and Antitrust Law “Daryl Lim (John Marshall Law) has a new book on Patent Misuse and Antitrust Law. BOOK ABSTRACT: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and...
by Kevin Coates | Feb 5, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: How can Software Interoperability be achieved under European Competition Law and Related Regimes? “Inge Graef, Radboud University asks How can Software Interoperability be achieved under European Competition Law and Related Regimes? ABSTRACT: While software interoperability can be achieved under European competition law, there may be a need for more structural measures. Some...
by Kevin Coates | Feb 5, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior “Harry First (NYU) explains Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior. ABSTRACT:In 1998, twenty years after publishing The Antitrust Paradox, Robert Bork wrote: “The antitrust case brought by the Department of...
by Kevin Coates | Jan 29, 2014 | News from around the Web
From FOSS Patents: Ericsson explained publicly why it collects patent royalties from device (not chipset) makers “”
by Kevin Coates | Jan 28, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION “Henry Smith (Harvard) has written on PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION. ABSTRACT: This article examines the coordination of inputs to the development and use of technology as a problem in the theory of property. Recent misunderstanding...
by Kevin Coates | Jan 27, 2014 | News from around the Web
From The IPKat: BREAKING NEWS: CJEU says that circumventing a protection system may be lawful (sometimes) “ Technological protection measures jokes are simply the best Probably there are just a few topics of conversation that are more charming and successful than videogames and technological protection measures. This said, today the Court of Justice of the European Union (CJEU) comes in your help with new conversation hints, by releasing its much-awaited judgment [UPDATE @11:05: the full judgment is now available here] in Case C-355/12 Nintendo. This was a reference for a preliminary ruling from Italy seeking clarification as to the following: 1. Must Article 6 of Directive 2001/29/EC be interpreted, including in the light of recital 48 in the preamble thereto, as meaning that the protection of technological protection measures attaching to copyright protected works or other subject matter may also extend to a system, produced and marketed by the same undertaking, in which a device is installed in the hardware which is capable of recognising on a separate housing mechanism containing the protected works (video games produced by the same undertaking as well as by third parties, proprietors of the protected works) a recognition code, in the absence of which the works in question cannot be visualised or used in conjunction with that system, the equipment in question thus incorporating a system which precludes interoperability with complementary equipment or products other than those of the undertaking which produces the system itself? 2. If it should be necessary to consider whether or not the use of a product or component to circumvent a technological protection measure predominates over other commercially significant purposes or uses,...