Antitrust authorities around the world have increasingly focused their attention on the interplay between competition law and intellectual property (IP) law. Indeed, the European Commission, the US Federal Trade Commission and other enforcement authorities have shown considerable willingness to investigate and challenge IP-driven transactions in IP-sensitive industries, often relying on completely new theories of harm which require careful analysis. Investigations and litigation in this context can result in severe penalties including fines, injunctive relief, (treble) damages and unenforceability of agreements and patent rights.
At McDermott, we understand the business needs associated with the acquisition, licensing and restrictions on the use of IP rights. More importantly, we are aware of the strategic importance of IP and of the true commercial value of such assets. In helping our clients protect and capitalize on proprietary technologies, we focus on pragmatic and business-friendly advice, rather than providing theoretical assessments and opinions. Our antitrust and IP lawyers work hand-in-hand with a view to providing solution-oriented guidance on how to use IP most efficiently without risking competition law exposure. Likewise, we can advise on how clients may use antitrust laws to defend their businesses against anticompetitive use of intellectual property by others.
The apparent tension that exists between these two areas of the law stems from the fact that, while antitrust seeks to protect competition, IP laws grant time-limited statutory monopolies. Antitrust issues in IP cases most commonly arise in a variety of situations including concerns raised with respect to the licensing of technology, standard-setting and patent-pooling arrangements, fraudulent and bad faith patent enforcement, the exercising of patent holder rights in respect to an invention, and holders rights of standard-essential patents in their access to injunctive relief vis-à-vis parties.
McDermott offers a unique international platform for the coordination of legal and technical efforts, and a one-stop shop for global antitrust counseling. Our lawyers are not only highly qualified and dedicated professionals, but also hold invaluable insights into the enforcement priorities of antitrust regulators across the world.
To meet these multi-front challenges, clients need legal counsel with experience, international reach and familiarity with all major national and international regulatory regimes and dispute-resolution forums. With a talented team and depth across our offices, McDermott provides effective, coordinated counsel on US antitrust law, EC competition law, China’s Anti-Monopoly Law and other competition laws worldwide.
Munich, Germany / Speaking Engagements / November 20, 2019
IP Update / October 2019
IP Update / September 2019
Irvine, CA / Speaking Engagements / September 19, 2019
IP Update / August 2019
Antitrust M&A Snapshot / AUGUST 2019
On the Subject / August 2, 2019
IP Update / July 2019
IP Update / JUNE 2019
Boston, MA / Speaking Engagements / June 25, 2019
IP Update / May 2019
IP Update / April 2019
IP Update / March 2019
Cartel Snapshot / November 2018
Antitrust M&A Snapshot / November 2018
Antitrust M&A Snapshot / August 2018
IP Update / July 2018
IP Update / June 2018
Cartel Snapshot / June 2018
Cartel Snapshot / April 2018
IP Update / March 2018
Antitrust M&A Snapshot / March 2018
Special Report / March 2018
IP Update / February 2018
IP Update / December 2017
IP Update / August 2017
Antitrust M&A Snapshot / July 2017
Webinar / Speaking Engagements / July 26, 2017
/ July 2017
IP Update / June 2017
The Netherlands / Speaking Engagements / June 9, 2017
/ March 2017
IP Update / February 2017
Costa Mesa, California / Speaking Engagements / February 23, 2017
On the Subject / February 23, 2017
Special Report / January 31, 2017
IP Update / January 2017
On the Subject / January 18, 2017
/ November 2016
On the Subject / October 13, 2016
IP Update / June 2016
On the Subject / June 23, 2016
IP Update / April 2016
On the Subject / February 18, 2016
IP Update / December 2014
IP Update / September 2014
IP Update / July 2014
IP Update / May 2014
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Boston / Law360 / January 3, 2018
Washington, DC / Pittsburgh Post-Gazette / July 24, 2017
Washington, DC / The Legal Intelligencer / July 17, 2017
Washington, DC / Law360 / July 6, 2017
Bruxelles / Japanese Institute of International Business Law Journal / June 23, 2017
Public Announcements of Future Price Intentions under EU Competition Law
Washington, DC / Law360 / June 22, 2017
Washington, DC / Press Releases / May 8, 2017
McDermott Secures First Judgment Under the Defend Trade Secrets Act of 2016
Orange County / Global Legal Chronicle / April 21, 2017
Otsuka Pharmaceutical Co., Ltd.’s $250 Million Acquisition of Neurovance, Inc
Washington, DC / Press Releases / February 27, 2017
McDermott Secures Landmark Jury Win Under the Defend Trade Secrets Act; Verdict ...
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