Distribution, Competition, and Antitrust / Intellectual Property (IP) Law

Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS

In a prior post, I covered the district court's decision in Davis v. AT&T Wireless Services, Inc.  There, the Central District of California dismissed antitrust claims against various wireless telephone companies and other defendants brought by a … [Continue reading]

On the Difficulty of Dauberting Antitrust Economists

It's difficult.  Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of plaintiffs' economist, who has … [Continue reading]

UC Hastings — Antitrust and IP

I'm pleased to have spoken today to a group of law students at the University of California, Hastings College of the Law on the intersection of antitrust and IP law.  It was nice to see an almost-full lecture hall -- lots of interest in the topic. … [Continue reading]

Book Review: Louis Kaplow’s Competition Policy and Price Fixing

Competition Policy and Price Fixing

Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that, but did you know . . . … [Continue reading]

U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity

The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don't have to satisfy the actively-supervised requirement to enjoy … [Continue reading]

Hot Topics in Intellectual Property and Antitrust Law

I've posted my slides from my webinar presentation on hot topics in IP and antitrust law.  You can find them here. … [Continue reading]

Speaking on Hot Topics in Antitrust/IP Law

On February 19, 2014, I'll be speaking on hot topics at the intersection of antitrust and IP law.  See this link for more information about the webinar. … [Continue reading]

Strategic Refusals to License IP — Slide Deck

I've uploaded my slide deck from the Advanced Antitrust U.S. conference (Feb. 6, 2014) on strategic refusals to license IP.  You can find a copy here. … [Continue reading]

Lithium Ion Batteries Court Addresses Illinois Brick Exception, Finds Standing for Certain Indirect Purchasers of Component Products

In In re: Lithium Ion Batteries Antitrust Litigation, 2014 U.S. Dist. LEXIS 7516 (N.D. Cal. Jan. 21, 2014) (Gonzalez Rogers, J.), the Northern District of California largely rejected a motion to dismiss an antitrust price-fixing complaint, but held … [Continue reading]

Speaking at “Advanced Antitrust U.S.” Conference on February 6

I'm pleased to be speaking at the "Advanced Antitrust U.S." Conference on February 6, 2014 in San Francisco.  I'll be speaking on "Antitrust and Intellectual Property," along with my co-panelists, Dean Pinkert, U.S. International Trade Commissioner, … [Continue reading]

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