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Choke Points, Competitiveness, and Competition
 |  Apr 18, 2024

By Thorsten Käseberg1    Over the last 10 years, “choke points” have become a standard notion for trade and security policymakers in our conflict-driven, globalized interdependent world. Choke points may…

Roger Zhang on Recent Regulatory Developments
 |  Apr 11, 2024

 In an interview conducted by Dr. Yujie Qian, a Senior Economist with Compass Lexecon, Dr. Roger Zhang, Vice President for Public Affairs at Tencent, discussed the recent regulatory developments…

The Challenges of Shifting Landscapes
 |  Apr 7, 2024

By Brad Staples & Rachel Brandenburger1   Introduction Businesses are facing unprecedented challenges. Changes in the geopolitical landscape call into question (and even reverse) many of the key assumptions that…

Chinese Standard Essential Patents Licensing Negotiations and Dispute Resolution in Practice
 |  Apr 1, 2024

By Dragon Wang, Bing Wu, Yannan Li & Xiaolin Wang1   The Supreme People’s Court (“SPC”) recently handed down a second-instance judgment in the case of Advanced Codec Technologies, LLC…

Argentina’s Leniency Program: A Proposed Regulation
 |  Mar 31, 2024

By Alexis German Pirchio1   In May 2018, Argentina enacted Act No. 27.442 on the Defence of Competition (“LDC,” for its acronym in Spanish), the first antitrust law in the…

What’s FRAND Got to Do With It: How Will Fair, Reasonable, and Non-Discriminatory Terms be Determined for Accessing Digital Platforms?
 |  Mar 17, 2024

By Richard S. Taffet and Nina Jayne Carroll1   I. INTRODUCTION FRAND is now a well-recognized acronym referring to licensing standard essential patents (“SEPs”) on fair, reasonable, and non-discriminatory terms.…

Brazilian Competition Policy in 2023: A Changing Landscape
 |  Mar 13, 2024

By Ademir Antonio Pereira Jr., Yan Villela Vieira & Gabriel de Aguiar Tajra1   This article discusses critical developments in Brazilian Competition Policy in 2023. We present an overview of…

Antitrust Policy and Legal Standards for Build-or-Buy Decisions
 |  Feb 29, 2024

By Jay Ezrielev1   I. Introduction The newly finalized U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) Merger Guidelines have excluded one of the most controversial statements…

Understanding the Difference Between Participants and Contributors in a Standard-Development Process
 |  Feb 21, 2024

By Lorenzo Casaccia,1 Urška Petrovčič2 & Karyn Vuong3   The development of technological standards, such as the fourth generation (“4G”) and fifth generation (“5G”) cellular standards, is a collaborative effort…

“Power, not Price”: On the Antitrust Agenda for the “Next World Order”
 |  Feb 14, 2024

By Cristina Caffarra1   The recent conference “Antitrust, Regulation and the Next World Order” (Homepage – Antitrust, Regulation and the Next World Order (bruxconference2024.com) showed that while there is still…

Reducing Administrative Costs in U.S. Healthcare: Using Precedent Thinking to Develop Pathways to Innovative Solutions
 |  Feb 11, 2024

By Jacqueline Sandling, Barak D. Richman, Ken Favaro, Stefanos A. Zenios, & Kevin A. Schulman1   I. Introduction Though it has been long known that the American health system is…

Removal of Standstill Obligations for Open Market Transactions Under the 2023 Competition Amendment Act
 |  Feb 6, 2024

By Ratnadeep Roychowdhury, Khyati Dalal, Parina Muchhala1   I. Introduction The Competition (Amendment) Bill, 2023 received presidential assent on April 11, 2023 to become the Competition (Amendment) Act, 2023 (“Amendment…

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