Commentary Elsewhere: from other writers around the web. Please note the explanation of this section on the “About the Site” page. From Journal of European Competition Law & Practice – Advance Access: State Aid Litigation before EU Courts (2004-2012): A Statistical Overview “”
(This post is the first in a series discussing mistakes both sides make in competition cases: see the introduction and as always don’t forget the disclaimer.) Playing the man, not the ball is a mistake more often – but not exclusively – carried out by the private sector against the Commission. It likely happens when the case team is perceived as sufficiently obdurate that further discussions with the case team are pointless. Complaining loud and long, often in public, about the obduracy of the case team seems to be a rational next step, but will usually be a mistake. This is probably a mistake even if the case team is actually being obdurate. Rather than attacking the team, the better […]
The [other side] always gets things wrong; if only the [other side] could make fewer mistakes, or be more trustworthy, or more open, then everything would move along more easily. This is a common feeling among those who work on competition cases (and pretty much anthing else). Though the definition of the [other side] will of course vary depending on who [my own side] is. This is a short introduction to (hopefully) a series of posts on what those mistakes are, which side (if any) makes them the most and why, and how (hopefully) they can be avoided. In real life, it’s more complicated than “us” and “them”. A private practice lawyer has duties to the client and to the […]
Commentary Elsewhere: from other writers around the web. Please note the explanation of this section on the “About the Site” page. From CPI RSS: Patently Obvious: Why Seeking Injunctions on Standard-Essential Patents Subject to a FRAND Commitment Can Violate Section 2 of the Sherman Act ” Technical standards are a necessary exception to a competitive marketplace based upon feature differentiation, but they pose risks because of the market power they confer on holders of standard-essential patents (“SEPs,” which generally speaking are technically essential and must be licensed in order to implement the standard). This is particularly true when the standard is widely adopted and there are no reasonable alternatives to its use. In such circumstances, a SEP owner can use the […]