The FTC’s long-awaited 6(b) study on Patent Assertion Entities (PAEs) provides an intriguing view into the business operations of litigation-oriented PAEs. To fully understand the findings in the PAE report, however, we need to understand how the study was constructed. In particular, understanding who the FTC did and did not interview has crucial implications for both the study’s results and the FTC’s policy reform recommendations. In this brief note, Anne Layne-Farrar highlights some important elements of the FTC’s study methodology and the impact that methodology has on interpreting the PAE report. To read the article, click the link below.
Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...