New CPI Antitrust Chronicle Issue: Antitrust Antipasto

In this issue:

We're ending the summer with a departure from our usual focus on a single topic, rather presenting a diverse and topical assortment of articles. First up is Judge Ding Wenlian from the Shanghai Higher People's Court who discusses how Chinese authorities look at minimum RPM agreements. Then Michael Carrier continues our ongoing discussion of SEP issues with a comprehensive primer. Staying with technology issues are Shyam Khemani on how to best appraise the internet search market for competition violations and Mario Todino who finds a surprising convergence in the U.S. and EU approach to IP Rights. Finally, Jim Nieberding focuses on the potential anticompetitive aspects of MFNs. Enjoy!

Antitrust Antipasto

1. Ding Wenlian, Aug 22, 2014

   Judicial Evaluations of Minimum Resale Price Maintenance Behavior

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   In the absence of sufficient empirical evidence indicating that most minimum resale price maintenance behaviors harm competition, for China it is not a wise choice to adopt either a “per se illegal” or "principle of prohibition + exceptions exemption" for minimum resale price maintenance behavior. Ding Wenlian (Shanghai Higher People’s Court)

   Tags:
   • Resale price maintenance
2. Michael Carrier, Aug 22, 2014

   What You Need To Know About Standard Essential Patents

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   SEPs present complex issues that are constantly changing and bear watching. Michael Carrier (Rutgers Law School)

   Tags:
   • Antitrust and technology innovation
3. R. Shyam Khemani, Aug 22, 2014

   Competition, Innovation, and Dynamic Change in the Internet Information Search Industry

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   Competition authorities need to ascertain if a firm’s alleged dominant market position stems from “superior competitive performance” over rivals. R. Shyam Khemani (MiCRA)

   Tags:
   • Antitrust and technology innovation
4. Mario Todino, Aug 22, 2014

   Antitrust Rules and IP Rights in the European Union and the United States—Towards Convergence

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   There is much more convergence between the U.S. and the EU systems than what has been conventionally thought. Mario Todino (Gianni, Origoni, Grippo, Cappelli & Partners)

   Tags:
   • Antitrust and technology innovation