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Standardization under EU Competition Rules and US Antitrust Laws - The Rise and Limits of Self-Regulation (Hardcover)
Loot Price: R4,396
Discovery Miles 43 960
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Standardization under EU Competition Rules and US Antitrust Laws - The Rise and Limits of Self-Regulation (Hardcover)
Series: New Horizons in Competition Law and Economics series
Expected to ship within 12 - 17 working days
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Standardization under EU Competition Rules and US Antitrust Laws is
a comprehensive and detailed legal analysis of standard-setting
procedure and the regulation of standard essential patents. It
deals with the competition law aspects of competitors'
collaboration to create technical standards, as well as the
contentious antitrust issues regarding access to standards and
standard essential patents.The book shows that there is a clear
difference between how standardization is scrutinized and judged in
the two jurisdictions. In general, US courts use intellectual
property law to address access to standard essential patents, while
European courts utilize antitrust rules. Both avenues hold their
specific benefits and disadvantages. However, the dichotomy between
the tools used in the two jurisdictions also, according to the
author, mirror a more fundamental change in attitude to central
notions and values such as property, fairness, equity, public
interest and competition. Offering in-depth analysis of the case
law currently being written in courtrooms all over the world under
the so-called 'patent war', the book puts forward a new method for
applying competition law to standards and standard-setting - in
both its collusive and monopolistic aspects - that will be of
special interest to students, academics and practitioners.
Contents: 1. R&D Collaborations, Technology Standardization
Agreements and Patent Pools - Antitrust Problems or Efficient
Solutions to Antitrust Problems? 2. The Proliferation of IP Rights
and the Rise of Standards 3. The Governance and Institutional
Structure of SSOs 4. The Regulation of Standardization Agreements
and Adjoining Collaborations 5. Patent Pools 6. Unilateral Conduct
under Standards 7. Comparative Analysis and Critique 8. Conclusion
Bibliography Index
General
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