Handbook on the Antitrust Aspects of Standards Setting

Handbook on the Antitrust Aspects of Standards Setting

Author:

Publisher: American Bar Association

Published: 2004

Total Pages: 206

ISBN-13: 9781590314128

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This Handbook is particularly important because of the increasingly critical role standards play in our economy. Within the broad scope of this Handbook are quality standards, informational standards, uniformity standards, interoperability standards and non-products standards such as professional conduct standards. These standards promote innovation, productive efficiency, and market structure. The Handbook describes how the antitrust laws balance these procompetitive effects against the potential mususe of standards, and the sandard-setting process, to create barriers to entry, retard innovation, raise rivals' cists, facilitate collusion, and protect market position. The Handbook also recognizes the increasing role played by governments - federal, state and interantional - in the promulgation of standards, and how that impacts the application of the antitrust laws. Finally, the Handbook addresses the remedies available to redress the effects of standards-related activity found to be unlawful.


Antitrust and Associations Handbook

Antitrust and Associations Handbook

Author:

Publisher: American Bar Association

Published: 2009

Total Pages: 286

ISBN-13: 9781604423921

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Significant segments of American business and professions are represented by trade and professional associations. Associations are setting product standards, certifying the expertise of professionals, and actively opposing or promoting new legislative and regulatory initiatives. But association activities raise potential antitrust risks and their exposure to antitrust challenge has increased proportionately. This Handbook helps association counsel and executives help to understand the antitrust issues associated with association activities and minimize their risk.


The Cambridge Handbook of Technical Standardization Law

The Cambridge Handbook of Technical Standardization Law

Author: Jorge L. Contreras

Publisher: Cambridge University Press

Published: 2019-04-04

Total Pages: 530

ISBN-13: 9781107570139

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Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.


The Oxford Handbook of International Antitrust Economics, Volume 2

The Oxford Handbook of International Antitrust Economics, Volume 2

Author: Roger D. Blair

Publisher: Oxford University Press

Published: 2014-11-03

Total Pages: 665

ISBN-13: 0199388601

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More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.


Intellectual Property Rights and Competition in Standard Setting

Intellectual Property Rights and Competition in Standard Setting

Author: Valerio Torti

Publisher: Routledge

Published: 2015-10-05

Total Pages: 317

ISBN-13: 1317376641

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Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.


Antitrust Law and Intellectual Property Rights

Antitrust Law and Intellectual Property Rights

Author: Christopher R. Leslie

Publisher:

Published: 2011

Total Pages: 702

ISBN-13: 0195337190

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In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.


Standardization under EU Competition Rules and US Antitrust Laws

Standardization under EU Competition Rules and US Antitrust Laws

Author: Björn Lundqvist

Publisher: Edward Elgar Publishing

Published: 2014-05-30

Total Pages: 491

ISBN-13: 1781954860

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Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus