AAI Update for September 30, 2016 — Need for National Competition Policy

09-30-2016 – IP Issues at the FTC: Remarks by Chairwoman Edith Ramirez

On October 6, join CCIA and the AAI for a luncheon event featuring a special keynote address from FTC Chairwoman Edith Ramirez as she speaks about the agency’s recent work at the intersection of intellectual property and antitrust, including patents. Register here.

Our panel will feature:

  • Matt Levy, Patent Counsel, Computer & Communications Industry Association
  • Lisa Kimmel, Senior Counsel, Crowell & Moring
  • Michael Muerer, Professor, Boston University School of Law
  • Suzanne Munck, Deputy Director and Chief Counsel for Intellectual Property, Federal Trade Commission

09-29-2016 – Working Paper No. 16-02: Abuse of Superior Bargaining Position (ASBP): What Can We Learn from Our Trading Partners?

Neither U.S. antitrust nor other domestic law seems to provide a realistic remedy for a firm’s abuse of its superior bargaining position (ASBP) vis a vis another, positionally weaker firm, in the absence of recognized market power. Several of our major trading partners do have such a provision in their competition laws and there is enough to be learned from their experience and from investigations by academics and international institutions to warrant a careful examination of this gap in the regulation of vertical relationships to determine how such a provision could be made to work within a distinctively American framework.

09-28-2016 – AAI Proposes a National Competition Policy, Identifies Priorities Moving Forward

The American Antitrust Institute (AAI) today issued “A National Competition Policy: Unpacking the Problem of Declining Competition and Setting Priorities Moving Forward.” AAI President Diana Moss said, “The AAI is resetting the debate over the importance of antitrust enforcement and competition policy. The statement makes the case for why we need a National Competition Policy.”

The National Competition Policy statement unpacks the increasingly high-profile problems that are symptomatic of declining competition, including rising concentration, declining rates of market entry, and growing inequality. It then suggests three core principles for a National Competition Policy, and sets out seven priorities that should guide the new approach.

09-26-2016 – AAI Files Comments on Proposed Update of IP Licensing Guidelines

The American Antitrust Institute (AAI) filed comments today in response to a request by the Antitrust Division (DOJ) and the Federal Trade Commission (FTC) for public comment on the agencies’ proposed update of the DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property.

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