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In China, the abuse of IP rights to exclude and restrict competition is not an independent monopolistic behaviour, but must follow the general analysis framework under China’s Antimonopoly Law.
We are witnessing a swing in the antitrust pendulum from minimalist to populist poles. This entry briefly highlights the dynamics, potential changes, and, perhaps more importantly from a counseling perspective, what will change and what will remain the same.
Summary The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”). Earlier this year, a collaboration of fifteen private and public universities sought specific guidance from the DOJ with regard to a non-Standard Essential Patents (“SEPs”) patent pool. In its response, the DOJ found that the design, contractual structure, and antitrust safeguards employed in the collaboration minimized legal risk while promoting procompetitive...
To embed, copy and paste the code into your website or blog: The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets — this time against a healthcare staffing company and its former manager for allegedly agreeing not to solicit or hire its competitor’s contract nurses and to fix wages for those nurses. The case comes on the heels of the Antitrust Division’s first-ever criminal case involving “no-poach” conduct brought in January 2021, where it charged Surgical Care Affiliates, LLC (“SCA”) for allegedly ag...
To embed, copy and paste the code into your website or blog: Last week, the Federal Trade Commission (FTC) approved its Commission Report on Hearings on Competition and Consumer Protection in the 21st Century. The report is based on testimony from the March 2019 “The FTC’s Role in a Changing World” hearings, which focused on the relative effectiveness of the agency’s cross-border enforcement strategies in a global economy characterized by rapidly developing new business practices and technologies. The report recommends increased FTC statutory authority for enhanced cross-border enforc...