Judge to DoJ: Sir, This is a Wendy’s
The antitrust maximalist movement has been on an extended shopping spree for a tech marketplace remodel in venues around the world, from Congress and state legislatures to the European Union (EU) and United Kingdom (UK), and concurrently, through the federal courts. But in many of these cases, the sought-after sinecure is not in stock. Small business owners are optimistic that this will continue to be the case. With respect to the Department of Justice’s (DoJ’s) lawsuit against Apple, ACT | [...]
One Step Forward and Two Steps Back: The UK’s Approach to SEPs Dismisses SME Innovators
The recent Lenovo v. InterDigital case is the latest high-profile standard-essential patent (SEP) licensing dispute heard by the UK courts. This case highlights how small and medium-sized enterprises (SMEs) are being disproportionately abused in SEP licensing negotiations. Initially, the UK High Court (the lower court) found that SMEs are often forced into discriminatory licenses due to resource constraints and the threat of expensive litigation. However, the case was appealed, leading to a new decision by the UK Court of Appeals [...]
ACT | The App Association’s Back to School App Guide
As the summer winds down, it’s time to swap out the beach bag for a backpack. But just because the school year starts doesn’t mean the fun is over. Our Back-to-School App Guide is neatly divided by school level, ensuring you find the perfect apps tailored to the needs of elementary, middle school, high school, and college students. Plus, don't miss our section for all ages, which includes accessibility-related apps for students with individual learning needs. Keep reading for [...]
Competition Agencies are Missing Key Evidence with Efforts to Prevent AI Pre-Crime
The current Federal Trade Commission (FTC) and some of its European counterparts are seeing competition problems everywhere, even in the future, in markets that are highly competitive and still emerging. Earlier this year, the FTC blasted several companies competing in artificial intelligence (AI) markets with subpoenas under its 6(b) authority, casting the significant capital investments needed to kickstart AI research and development under the threatening specter of antitrust enforcement. More recently, the FTC suggested that the recent CrowdStrike incident [...]
Small Biz Shouldn’t Worry Too Much About the Glimmer of Hope for FTC’s UMC Warpath
Earlier this week, the Federal Trade Commission (FTC) received one court’s implicit blessing to overreach on antitrust. The plaintiff had challenged the FTC’s authority to write rules under its antitrust (unfair methods of competition or “UMC”) authority and, against the odds, the judge declined to grant a preliminary injunction. Fortunately, however, this FTC victory is about as pyrrhic as they come. Earlier this month, a different court in Texas had enjoined the same rulemaking. And just five days before that, the [...]