H. Hovenkamp, here.
Monday, October 06, 2014
Judge Posner orders Sherlock Holmes estate to pay attorneys’ fees for “form of extortion”
McDermott Will & Emery, here.
Saturday, October 04, 2014
Ddl Concorrenza, dall’energia alle banche tutte le misure allo studio del governo
IlFattoQuotidiano.it, qui.
Friday, October 03, 2014
Commission approves acquisition of WhatsApp by Facebook
Press Release, here.
"Although WhatsApp is not active in online advertising, the Commission examined whether the transaction could strengthen Facebook's position in that market and hamper competition. In particular, the Commission examined the possibility that Facebook could (i) introduce advertising on WhatsApp, and/or (ii) use WhatsApp as a potential source of user data for improving the targeting of Facebook's advertisements. The Commission concluded that, regardless of whether Facebook would introduce advertising on WhatsApp and/or start collecting WhatsApp user data, the transaction would not raise competition concerns. This is because after the merger, there will continue to be a sufficient number of alternative providers to Facebook for the supply of targeted advertising, and a large amount of internet user data that are valuable for advertising purposes are not within Facebook's exclusive control."
Thursday, October 02, 2014
The Devil is in the Retail
A. Italiener, here.
{Of course, with less concentration on both the supplier and retailer sides of the market we could've had, possibly, higher levels of innovation and better choice for consumers. How do you measure that?}
{Of course, with less concentration on both the supplier and retailer sides of the market we could've had, possibly, higher levels of innovation and better choice for consumers. How do you measure that?}
WIPO General Assembly Fails to Draw any Conclusions on Exceptions and Limitations
IFLA.org, here.
(For transparency's sake: this blog's author was part of the team representing IFLA at WIPO GA).
(For transparency's sake: this blog's author was part of the team representing IFLA at WIPO GA).
Tuesday, September 30, 2014
Sunday, September 28, 2014
Saturday, September 27, 2014
Friday, September 26, 2014
Thursday, September 25, 2014
M. et Mme X et M. Y / Google France
Tribunal de grande instance de Paris, Ordonnance de référé du 16 septembre 2014, ici.
Wednesday, September 24, 2014
Tuesday, September 23, 2014
Translation and intellectual property rights
Bird&Bird for the European Commission (DG Translation), here.
Monday, September 22, 2014
Harper Competition Review Draft Report
Here.
A few selected topics:
Taxi industry and disruptive innovation
P.30: "States and Territories should remove regulations that restrict competition in the taxi industry, including from services that compete with taxis, except where it would not be in the public interest.
If restrictions on numbers of taxi licences are to be retained, the number to be issued should be determined by independent regulators focused on the interests of consumers."
P. 139: "Mobile technologies are emerging that compete with traditional taxi booking services and support the emergence of innovative passenger transport services. Any regulation of such services should be consumer-focused and not inhibit innovation or protect existing business models."
IP and competition policy
P.31: "The Panel recommends that an overarching review of intellectual property be undertaken by an independent body, such as the Productivity Commission. The review should focus on competition policy issues in intellectual property arising from new developments in technology and markets.
The review should also assess the principles and processes followed by the Australian Government when establishing negotiating mandates to incorporate intellectual property provisions in international trade agreements.
Trade negotiations should be informed by an independent and transparent analysis of the costs and benefits to Australia of any proposed IP provisions. Such an analysis should be undertaken and published before negotiations are concluded."
{P. 80-87 are already on my students' mandatory reading list.}
RPM and Retail MFN
P. 46 f.: "The Panel considers that there is not a sufficient case at this time for changing the prohibition of RPM from a per se prohibition to a competition based test. It would be appropriate, though, to allow business to seek exemption from the prohibition more easily. This could be achieved through allowing RPM to be assessed through the notification process, which is quicker and less expensive for businesses than authorisation. This change would also have the advantage of allowing the ACCC to assess RPM trading strategies more frequently, and thereby provide better evidence as to the competitive effects of RPM in Australia."
P. 234 f.: "Historically, RPM has been considered in the context of ‘bricks and mortar’ retailers. RPM is now emerging as an issue for new models of digital-based retailing. eBay states, based on annual surveys of its sellers, that around a quarter of sellers are instructed by their suppliers to sell at recommended retail prices (...)
RPM in digital markets also recently received significant international legal attention when Apple was found to have breached EU and US competition laws
by fixing the prices of e-books in collaboration with five publishers."
Big Data, Personal Data Protection and Competition Policy
P.129: "Markets work best when consumers are engaged, empowering them to make informed decisions. There is capacity to enhance Australian consumers’access to data on their own usage of utility services in a usable format to assist consumers to make better informed decisions.
A few selected topics:
Taxi industry and disruptive innovation
P.30: "States and Territories should remove regulations that restrict competition in the taxi industry, including from services that compete with taxis, except where it would not be in the public interest.
If restrictions on numbers of taxi licences are to be retained, the number to be issued should be determined by independent regulators focused on the interests of consumers."
P. 139: "Mobile technologies are emerging that compete with traditional taxi booking services and support the emergence of innovative passenger transport services. Any regulation of such services should be consumer-focused and not inhibit innovation or protect existing business models."
IP and competition policyP.31: "The Panel recommends that an overarching review of intellectual property be undertaken by an independent body, such as the Productivity Commission. The review should focus on competition policy issues in intellectual property arising from new developments in technology and markets.
The review should also assess the principles and processes followed by the Australian Government when establishing negotiating mandates to incorporate intellectual property provisions in international trade agreements.
Trade negotiations should be informed by an independent and transparent analysis of the costs and benefits to Australia of any proposed IP provisions. Such an analysis should be undertaken and published before negotiations are concluded."
{P. 80-87 are already on my students' mandatory reading list.}
RPM and Retail MFN
P. 46 f.: "The Panel considers that there is not a sufficient case at this time for changing the prohibition of RPM from a per se prohibition to a competition based test. It would be appropriate, though, to allow business to seek exemption from the prohibition more easily. This could be achieved through allowing RPM to be assessed through the notification process, which is quicker and less expensive for businesses than authorisation. This change would also have the advantage of allowing the ACCC to assess RPM trading strategies more frequently, and thereby provide better evidence as to the competitive effects of RPM in Australia."
P. 234 f.: "Historically, RPM has been considered in the context of ‘bricks and mortar’ retailers. RPM is now emerging as an issue for new models of digital-based retailing. eBay states, based on annual surveys of its sellers, that around a quarter of sellers are instructed by their suppliers to sell at recommended retail prices (...)
RPM in digital markets also recently received significant international legal attention when Apple was found to have breached EU and US competition laws
by fixing the prices of e-books in collaboration with five publishers."
Big Data, Personal Data Protection and Competition Policy
P.129: "Markets work best when consumers are engaged, empowering them to make informed decisions. There is capacity to enhance Australian consumers’access to data on their own usage of utility services in a usable format to assist consumers to make better informed decisions.
e
-
books
in collaboration with fivepublishers."
Friday, September 19, 2014
Thursday, September 18, 2014
Le secteur des autoroutes après la privatisation des sociétés concessionnaires
Autorité de la concurrence, ici.
The Internet: Just Another Distribution Channel? EU and U.S. Competition Policy Approaches to E- Commerce
J. Wahl, S. Troost and C. Buts, here.
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Public Knowledge, here .
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On 24 March 2004 the European Commission fined Microsoft for abuse of dominant position (H/T Lewis Crofts). 18 years (age of maturity) l... -
Centre for a Digital Society , Video here . These are my very rough talking points on pay or okay in full length (more than I actually had...
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Report to the California Law Review Commission Antitrust Law: Study B-750, here .
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A. Blankertz, hier .
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InternetLab, here .
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CMA, here .
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D.Lichtman, here .
