August 2011   Volume 10 Issue 6 www.antitrustsource.com
 
 
 
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CURRENT ISSUE

A Competition Perspective on Patent Law: The Federal Trade Commission's Report on the Evolving IP Marketplace

FTC Commissioner Edith Ramirez and Lisa Kimmel discuss the Commission's March 2011 Patent Report, focusing on how patent notice and remedies affect innovation, competition, and consumer welfare in light of the growth of open innovation business strategies and the expansion of a secondary market for patents.

Invention Is Not Innovation and Intellectual Property Is Not Just Like Any Other Form of Property: Competition Themes from the FTC's March 2011 Patent Report

Henry Su examines the competition themes in the FTC's March 2011 Patent Report, particularly the observation that invention is just the first step to innovation.  He also opines on what is not addressed, for example, that the right to exclude may have overshadowed the economic value of invention.

The Sixth Circuit's Application of the Rule of Reason in Realcomp II—Less About the Rule's Reasonableness than the Reason for the Rule

David L. Meyer analyzes the Sixth Circuit's opinion in Realcomp II, which offers valuable lessons about the way courts approach rule of reason analysis.

The Failing Firm Defense: Alive and Well

Thomas D. Fina and Vishal Mehta use two recent merger investigations from the DOJ and FTC as illustrations to argue that the antitrust agencies are open to considering the failing firm defense, and describe how to assert the defense effectively.

The 2011 Changes to the HSR Act Notification Form: A Guide for Practitioners

Gregory L. Kinzelman keeps practitioners up to date with an in-depth review of the key changes to the Hart-Scott-Rodino premerger notification form that will take effect this month.

Antitrust in the 112th Congress

Former Antitrust Counsel to the House Judiciary Committee Anant Raut reports on what has been happening on the Hill with respect to antitrust issues and what to expect during the remainder of the 2011–12 term.


Volume of Commerce and Criminal Sentences for Antitrust Violations  –  Alternative Interpretations in the Air Cargo Fuel Surcharge Cases

Melissa H. Maxman and Elizabeth L. Holdefer discuss the tension between the views of the Antitrust Division and the defense bar on volume of commerce calculations used in sentencing, and how those views affect plea negotiations.

 

 
 
 
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