This issue discusses the economic reasoning between three recent court decisions, two in the US and one in China. Dr. Mirrow discusses a Tenth Circuit decision that may have important implications for how courts treat claims of below-cost bundled discounts, as it reinforces the need to show market power and harm to competition as part of these claims. Dr. Stoner discusses a Fifth Circuit decision concerning under what circumstances false advertising could constitute exclusionary conduct under Sherman Act Section 2. Dr. Sun discusses a recent patent licensing case decided by the Beijing Intellectual Property Court. The court’s discussion of a number of issues, such as patent exhaustion, types of infringement, injunction, comparable licenses, and damages calculations, has important implications for future litigation in China regarding the licensing of standard essential patents (SEPs).
A Brief Analysis of Policy and Litigation