Recent Developments in US Competition Law and IP Rights

Wednesday 18 October 2017, 09:00 - 19:00

UCL location TBC

Organised by the UCL Centre for Law, Economics and Society

Taught by
Professor Herbert Hovenkamp,
James G. Dinan University Professor, Penn Law School and Wharton Business School, University of Pennsylvania

About the course
This one day course will be divided into two sessions. Students may register for either the morning session, the afternoon session, or both.

Recent Developments in US Competition Law
Morning – 09:00 to 13:00

US Competition Law and IP Rights
Afternoon = 13:15 to 19:00

The morning session will be devoted to recent developments across several areas of United States antitrust law, including:

  • monopolization (abuse of dominance);
  • anticompetitive pricing and discounting practices;
  • predatory product innovation;
  • cartels and joint ventures;
  • vertical restraints; and
  • antitrust federalism.

Some attention will also be given to recent debates about the “new structuralism,” considering whether competition law should pursue industries simply because they are dominated by too few firms, or the firms within them have become too large.

The afternoon session will be devoted to the interaction between competition law and intellectual property rights, focusing mainly on U.S. law. In the modern knowledge economy undertakings develop a number of strategies to expand their IP rights portfolio and achieve competitive advantages by employing their IP rights in order to exclude competitors or raise their costs, and charge higher prices to consumers. Competition law and IP law disputes are interconnected, as recent litigation in the pharmaceutical sector and the recent patent wars in the IT sector illustrate. Particular topics to be covered will include:

  • exclusionary practices involving patents, and particularly unpracticed patents;
  • patent ties and related practices;
  • recent developments in the law of patent and copyright exhaustion (first sale doctrine);
  • antitrust in the pharmaceutical sector, including pay-for-delay settlements and product-hopping

Readings will consist mainly of judicial decisions from United States federal courts, plus a small amount of secondary material.

Course Schedule

Morning Session:
08:30 Registration
09:00 Course begins
11:00 Break
11:15 Course resumes
13:15 Course ends for morning participants only / Lunch for Full day participants

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Afternoon Session:
13:15 Lunch for full day and afternoon participants
14:00 Afternoon course starts
16:00 break
16:15 Course resumes
17:45 Break
18:00 Course resumes
19:00 Course ends

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