anti-competitive
Subscribe to anti-competitive's Posts

THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments, Elaborates Views on SSOs

In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will withdraw its assent to the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments (the Policy Statement) and elaborated upon the DOJ’s enforcement approach to standard setting organizations (SSOs). WHAT HAPPENED: AAG Delrahim voiced support for the right of patent holders to seek injunctions against misuses of their technologies. According to AAG Delrahim, the appropriate test for injunctive relief in patent cases is the one articulated by the US Supreme Court in eBay v. MercExchange. Under the eBay standard, to obtain an injunction, a patent holder must demonstrate that: It has suffered an irreparable injury; Remedies available at law, such as monetary damages, are inadequate to compensate...

Continue Reading

European Commission Challenges Public Price Announcements by Shipping Liner Companies

On 7 July 2016, the European Commission adopted a decision accepting commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for containerised shipping services. The Commission considered that these announcements were anti-competitive and resulted in higher prices for container liner shipping services, thereby harming customers. In certain circumstances, public price signaling (i.e., unilateral public announcement of future price intentions) may amount to an exchange of sensitive information between competitors in violation of EU competition law. Use of the internet to make public price announcements to customers can make the same price information accessible to competitors as well, with an inevitable risk of price signaling. Price Signaling – Legal Framework The Commission’s 2011 guidelines on horizontal cooperation agreements provide that   a genuine public unilateral price announcement in...

Continue Reading

STAY CONNECTED

TOPICS

ARCHIVES