Lisa Kimmel is a senior counsel in Crowell & Moring's Antitrust & Competition Group. She resides in the firm's Washington, D.C. office. Lisa's practice covers merger and civil nonmerger antitrust investigations and antitrust counseling. Lisa also advocates for clients on competition policy matters before federal and state antitrust agencies, focusing in particular on the technology and digital commerce sectors.
Lisa joined Crowell & Moring in 2015 from the Federal Trade Commission (FTC), where she worked for nearly five years as an attorney advisor on antitrust and competition policy matters for Commissioner and later, Chairwoman, Edith Ramirez. During her time at the FTC, Lisa advised the chairwoman on antitrust enforcement and policy matters across a broad range of sectors, and was her lead advisor on antitrust enforcement and competition policy matters in the technology sector, including matters related to industry standards and the acquisition or assertion of intellectual property rights. Before joining the FTC, Lisa practiced with the antitrust group at an AmLaw 100 firm, where she worked in the firm's San Francisco and Washington, D.C. offices.
Lisa’s recent private practice experience includes:
- Representing leading wireless technology company in antitrust litigation related to the licensing of its standard-essential patents.
- Advising global computer hardware and technology company on antitrust and patent licensing issues associated with the development of industry standards.
- Assisting national chemical company with the acquisition of divestiture assets in a merger proceeding.
- Providing online retailer with counseling and advocacy assistance in association with FTC rulemaking.
- Counseling nationwide consumer products company with regard to FTC antitrust investigation.
Lisa is an active member of the ABA Antitrust Section, where she is vice-chair of the Media & Technology Committee, past editor of the Unilateral Conduct Committee newsletter, and co-editor of a forthcoming revision to the Handbook on Antitrust Aspects of Standard Setting. Lisa is a member of the MLex Antitrust Advisory Board and speaks and writes regularly on antitrust issues involving the technology sector and intellectual property rights.
Insights
Speeches & Presentations
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"FTC Rulemaking vs. Enforcement : A Cost/Benefit Analysis" Rulemaking Authority of the Federal Trade Commission
(June 27, 2022).
Moderator: Lisa Kimmel.
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"Dynamic Competition and Public Policy: Reflecting on the Path Forward for Schumpeterian Antitrust," Information Technology and Innovation Foundation, Washington, D.C.
(April 14, 2022).
Speaker: Lisa Kimmel, Ph.D.
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"Discussion of Non-aligned Interests between Licensors and Licensees in the Context of FRAND Commitments," Global Series 2021 Fall Sessions, FCBA Remote Program
(October 26, 2021).
Panelist: Lisa Kimmel.
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"FTC Rulemaking Pursuant to Biden’s Executive Order and Beyond: What is Settled, Not Settled, and What to Expect Going Forward," Crowell & Moring Webinar
(September 1, 2021).
Moderator: Alexis Gilman. Speakers: Daniel W. Wolff, Andrew I. Gavil, and Lisa Kimmel, Ph.D.
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"Prospects and Choices for Substantive and Institutional Reform," Second Annual Antitrust & Tech Conference: Reinvigorating Antitrust Enforcement in Digital Markets: Issues & Prospects
(December 8, 2020).
Panelist: Lisa Kimmel.
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"Antitrust, Patents and Licensing, Oh My!" AIPLA Antitrust Law Annual Meeting: Antitrust, Licensing, Open-Source Program
(October 29, 2020).
Panelist: Lisa Kimmel.
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"Who Owns My Data?" ABA Antitrust Law Section Teleconference Panel
(November 21, 2019).
Panelist: Lisa Kimmel.
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“Antitrust IP: The Dark Side of the Moon” 2019 ABA 67th Annual Antitrust Law Spring Meeting, Washington, D.C.
(March 27, 2019).
Presenter: Lisa Kimmel, Ph.D.
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"What in the World? Global IP-Antitrust and Standards Development," AIPLA Annual Meeting, Washington, DC
(October 25, 2018).
Panelist: Lisa Kimmel.
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"Antitrust and FRAND Enforcement," ABA Antitrust Section Spring Meeting, Washington, DC
(April 11, 2018).
Moderator: Lisa Kimmel.
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"Qualcomm," 26th Annual Fordham IP Conference, New York, NY
(April 5, 2018).
Panelist: Lisa Kimmel.
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"Occupational Licensing, Antitrust & Innovation," Federalist Society Regulatory Transparency Program, Washington, D.C.
(August 9, 2017).
Moderator: Lisa Kimmel.
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"Enforcement Actions and Qualcomm: What Do They Mean for Patent Owners and Patent Licensing?" ABA AT-UC Brown Bag
(February 28, 2017).
Panelist: Lisa Kimmel.
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"Limitations on Patent Enforcement - A Comparative International Assessment," AAI International Antitrust Roundtable: Critical Issues in Global Antitrust - Comity, Intellectual Property, and Due Process, Washington, D.C.
(February 8, 2017).
Panelist: Lisa Kimmel.
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"Standard Essential Patent Dim Sum - A Selection of Tasty IP/Antitrust Issues from the U.S. and Internationally," AIPLA 2017 Mid-Winter Institute, Ft. Lauderdale, FL
(February 2, 2017).
Presenter: Lisa Kimmel.
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"The FTC's PAE Study: What Have We Learned?" ABA Section of Antitrust Law Webinar, Washington, D.C.
(October 18, 2016).
Moderator: Lisa Kimmel.
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"IP Issues at the FTC," The Computer & Communications Industry Association, National Press Club, Washington, D.C.
(October 6, 2016).
Panelist: Lisa Kimmel.
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"Government and Private Sector Antitrust and Enforcement Practices: How Do They Differ?" ABA Section of Antitrust Law, Washington, D.C.
(July 21, 2016).
Panelist: Lisa Kimmel.
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“A View from the USA,” Competition Law Without Frontiers: Review of Global Developments, Advanced EU Competition Law, London Conference, London, UK
(May 9, 2016).
Keynote Remarks: Lisa Kimmel.
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"FRAND Obligations and Royalty Payments," GCR Live Third Annual IP & Antitrust USA, Washington, D.C.
(April 20, 2016).
Panelist: Lisa Kimmel.
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"What Every Tech Trade Association Needs to Know About Antitrust," Antitrust Section Trade Association and Media & Technology Committees Brown Bag Lunch, American Bar Association, Washington, D.C.
(December 8, 2015).
Panelist: Lisa Kimmel.
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"The 1995 Antitrust Licensing Guidelines Twenty Years Later: A Discussion With Agency Leadership,” American Bar Association Antitrust Section Networking Event, Washington, D.C.
(December 2, 2015).
Moderator: Lisa Kimmel.
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"Washington Perspectives on Healthcare Consolidation: Practitioners Panel," Credit Suisse Healthcare Symposium
(December 1, 2015).
Panelist: Lisa Kimmel.
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"Econometrics or Just a Con? Uses and Abuses of Data and Statistics in Competition Cases," Los Angeles County Bar Association, Los Angeles, CA
(May 12, 2015).
Presenter: Lisa Kimmel.
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"The Meaning of a ‘Willing Licensee,'" Antitrust Section Intellectual Property Committee Brown Bag Lunch, American Bar Association, Washington, D.C.
(May 7, 2015).
Panelist: Lisa Kimmel.
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"The Standards-Patents-Innovation Intersection: Interesting Times Ahead," IEEE Wireless Networking & Communications
(March 10, 2015).
Panelist: Lisa Kimmel.
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"Antitrust & Competition," Information Technology & Innovation Foundation, Third Annual Policy Retreat
(February 20, 2015).
Panelist: Lisa Kimmel.
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"Patent Commitments Outside of Standard-Setting Organizations," Antitrust Section Intellectual Property Committee Brown Bag Lunch, American Bar Association
(December 13, 2014).
Panelist: Lisa Kimmel.
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"Antitrust Analysis in Digital Platform Markets: Just One Side of the Story?" American Bar Association, Antitrust Section Unilateral Conduct and Mergers & Acquisitions Committee Brown Bag Lunch Panel
(May 8, 2014).
Moderator: Lisa Kimmel.
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"Patents & Innovation," Fordham Law School IP Summit
(November 19, 2013).
Panelist: Lisa Kimmel.
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"Patents and IT – What Needs Fixing?" Technology Policy Institute, Aspen Forum
(August 19, 2013).
Panelist: Lisa Kimmel.
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"Patent Trolls: Greasing the Wheels or Grinding the Gears?" George Mason Law & Economics Center Congressional Civil Justice Caucus Academy Briefing
(July 13, 2013).
Panelist: Lisa Kimmel.
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"Competition Law and Patent Assertion Entities," American Antitrust Institute
(June 20, 2013).
Panelist: Lisa Kimmel.
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"Patent Assertion Entities and Antitrust: The FTC/DOJ Inquiry and Underlying Legal Policy Issues," Washington Legal Foundation
(May 30, 2013).
Panelist: Lisa Kimmel.
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"The Basics of Abuse of Dominance in Japan and Korea," Antitrust Section Unilateral Conduct Committee Brown Bag Lunch Panel, American Bar Association
(November 28, 2012).
Panelist: Lisa Kimmel.
Publications
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"Chapter 12: Antitrust and Intellectual Property Licensing, Wolters Kluwer Licensing Update 2022," PDF
(April 2022).
Authors: Lisa Kimmel and Eric Fanchiang.
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"Intellectual Property & Antitrust," Lexology Getting the Deal Through
(March 3, 2022).
Contributors: Lisa Kimmel and Eric Fanchiang.
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"2021 Licensing Update," Wolters Kluwer
(2021).
Co-authors of Chapter 13: Antitrust and Intellectual Property Licensing: Lisa Kimmel and Eric Fanchiang.
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"United States," Intellectual Property & Antitrust 2021, Lexology Getting the Deal Through
(2021).
Authors: Lisa Kimmel and Eric Fanchiang.
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"The Patent Market Power Fallacy: Recalibrating Market Power and Standard-Essential Patents," The Licensing Journal, Vol. 41, No. 2.
(February 2021).
Author: Lisa Kimmel.
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"United States," Digital Competition 2021, Lexology Getting the Deal Through
(2020).
Authors: Britton D. Davis, Alexis J. Gilman, Lisa Kimmel, Angel Prado, Jeane A. Thomas, and Drake Morgan.
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"Chapter 13: Antitrust and Intellectual Property Licensing," Wolters Kluwer Licensing Update 2020
(April 2020).
Authors: Lisa Kimmel and Eric Fanchiang.
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"Antitrust in the Digital Age," Crowell & Moring's Regulatory Forecast 2020
(February 26, 2020).
Contributors: Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, Andrew I. Gavil, Gail D. Zirkelbach, Alexis J. Gilman, Jason C. Murray, Lisa Kimmel, and Thomas De Meese.
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"Intellectual Property & Antitrust," Getting the Deal Through
(December 2019).
Authors: Lisa Kimmel and Eric Fanchiang.
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"District Court Decision In FTC v. Qualcomm Spawns Controversy: Four Issues To Watch On Appeal," IP Litigator
(July/August 2019).
Authors: John S. Gibson, Mark A. Klapow, and Lisa Kimmel, Ph.D.
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"Responding to Delrahim on IP," Global Competition Review
(February 6, 2019).
Co-Author: Lisa Kimmel.
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"Intellectual Property & Antitrust, 13th Edition," Getting The Deal Through
(2019).
Authors: Lisa Kimmel, and Kate M. Watkins.
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"Huawei/ZTE: Towards a More Demanding Standard of Abuse in Essential Patent Cases," Journal of European Competition Law Practice, Vol. 7, No. 8
(November 2016).
Authors: Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, and Lisa Kimmel.
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The Intellectual Property and Antitrust Review, Chapter 14, The United States
(October 2016).
Authors: Lisa Kimmel and Christie L. Stahlke.
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"2015 Antitrust M&A Year in Review," Crowell & Moring LLP
(January 2016).
Co-Authors: Wm. Randolph Smith, Olivier N. Antoine, Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, Thomas De Meese, Shawn R. Johnson, Lisa Kimmel, Arthur N. Lerner, Mary Anne Mason, Joseph M. Miller, Jeane A. Thomas, Ryan C. Tisch, and Michael G. Van Arsdall.
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"Huawei: Injunctions & Standard Essential Patents: Is Exclusion a Foregone Conclusion?" Antitrust Magazine
(Fall 2015).
Authors: Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, and Lisa Kimmel.
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"What's Up With WhatsApp? A Transatlantic View on Privacy and Merger Enforcement in Digital Markets," Antitrust Magazine
(Fall 2014).
Co-Authors: Lisa Kimmel and Janis Kestenbaum.
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"Product Design Issues in the FTC's Google Investigation: In Search of Competition on the Merits, MONOPOLY MATTERS," ABA Antitrust Section Unilateral Conduct Committee Bi-Annual Newsletter
(Spring 2013).
Author: Lisa Kimmel.
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"Antitrust and Associations Handbook," American Bar Association Antitrust Section
(March 2009).
Contributing Author: Lisa Kimmel.
Client Alerts & Newsletters
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"Summary of COVID-19 (Coronavirus) Stimulus Legislation,"
Tax Alert
(March 27, 2020).
Contacts: James G. Flood, Robert Holleyman, Tim Shadyac, S. Starling Marshall, Laurel Pyke Malson, W. Scott Douglas, Thomas P. Gies, Scott Lessne, Eric Homsi, David W. O'Brien, Matthew Vicinanzo, Trey Flowers, Peter Gray, Lisa Kimmel, Ph.D.
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"District Court Decision in FTC v. Qualcomm Spawns Controversy: Four Issues to Watch on Appeal,"
Antitrust Law Alert
(June 3, 2019).
Contacts: Lisa Kimmel, Ph.D., Mark A. Klapow, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Kate M. Watkins
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"The Antitrust Division Takes the New Madison Approach to Court in u-blox v. InterDigital,"
Antitrust Law Alert
(February 14, 2019).
Contacts: Lisa Kimmel, Ph.D., Juan A. Arteaga, Mark A. Klapow, Kate M. Watkins
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"New Full Slate of FTC Commissioners Will Face Unique Challenges and Opportunities,"
Antitrust Law Alert
(April 30, 2018).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Lisa Kimmel, Ph.D., Wm. Randolph Smith, Kristin J. Madigan, CIPP/US, Angel Prado
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"Antitrust, Standard Development, and Essential Patent Licensing: The Antitrust Division Returns to Sound Enforcement Principles,"
Antitrust Law Alert
(November 22, 2017).
Contacts: Lisa Kimmel, Ph.D., Juan A. Arteaga, Mark A. Klapow, Kate M. Watkins
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"DOJ/FTC Issue Final Revised Antitrust-Intellectual Property Licensing Guidelines,"
Antitrust Law Alert
(January 17, 2017).
Contacts: Lisa Kimmel, Ph.D., Andrew I. Gavil, Mark A. Klapow, Kate M. Watkins
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"FTC Releases Report on the Sharing Economy,"
Antitrust Law Alert
(November 23, 2016).
Contacts: Andrew I. Gavil, Lisa Kimmel, Ph.D., Megan L. Wolf
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"DOJ/FTC Propose Update to 1995 Antitrust-Intellectual Property Licensing Guidelines and Seek Comments,"
Antitrust Law Alert
(August 15, 2016).
Contacts: Lisa Kimmel, Ph.D., Andrew I. Gavil, Mark A. Klapow
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"FTC Sues Distributor for Invitation to Collude with Dual Distribution Manufacturer,"
Antitrust Law Alert
(August 12, 2016).
Contacts: Ryan C. Tisch, Andrew I. Gavil, Lisa Kimmel, Ph.D.
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"The FTC Continues Its Hard Line on Exclusive Dealing,"
Antitrust Law Alert
(April 29, 2016).
Contact: Lisa Kimmel, Ph.D.
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"Federal Trade Commission Issues Policy Statement on Unfair Methods of Competition,"
Antitrust Law Alert
(August 14, 2015).
Contacts: Jeane A. Thomas, CIPP/E, Lisa Kimmel, Ph.D.
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"European Court of Justice Rules on Abuse of Dominance in the Context of SEP Injunction Proceedings,"
IP Insights
(July 21, 2015).
Contacts: Lisa Kimmel, Ph.D., Mark A. Klapow
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"Supreme Court Affirms Decision Banning Royalties on Expired Patents, Notes Alternative Methods,"
IP Insights
(June 24, 2015).
Contact: Lisa Kimmel, Ph.D.
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"FTC Continues Hard Line Against Reverse Payment Patent Settlements in the Pharmaceutical Sector,"
Antitrust Law Alert
(June 2, 2015).
Contacts: Keith J. Harrison, Lisa Kimmel, Ph.D., Astor Heaven, Ali Tehrani
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"CA Supreme Court Fashions 'Structural' Rule of Reason Analysis for Pay-for-Delay Settlement Agreements,"
Antitrust Law Alert
(May 12, 2015).
Contacts: Keith J. Harrison, Astor Heaven, Lisa Kimmel, Ph.D.
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"Ninth Circuit Hears Argument in Landmark Standard-Essential Patent Case,"
Antitrust Law Alert
(April 10, 2015).
Contacts: Mark A. Klapow, Lisa Kimmel, Ph.D.
Press Coverage
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In Westlaw-ROSS Litigation, Judge Allows ROSS’s Antitrust Case To Move Forward, But Tosses ‘Sham Litigation’ Claim
April 26, 2022 — LawSites
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DOJ Revises 2019 Policy Statement On Standard-Essential Patents
December 8, 2021 — Global Competition Review
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DOJ Official Says FRAND Licensing Disputes Could Raise Competition Concerns
September 30, 2021 — Global Competition Review
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FTC Chair Khan's Rapid Pace Seen Risking Overreach, Backlash
August 6, 2021 — CQ
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How Lina Khan May Change Business Prospects Overnight And Bring A 'Flood Of Business' For Antitrust Practices
June 18, 2021 — National Law Journal
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7-Eleven Deal Catches FTC Divided And Off Guard
June 6, 2021 — Law360
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Enforcer To Regulator? FTC Dems Eye Antitrust Rulemaking
May 7, 2021 — Law360
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US Legal Start-Up Files Counterclaim Against Thomson Reuters
January 26, 2021 — Australasian
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Delrahim Voices Support For Antitrust Reforms To Confront “Tech Giants”
January 21, 2021 — Global Competition Review USA
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With Leadership Change, FTC Enforcement 'Full Speed Ahead'
January 19, 2021 — Law360
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FTC Head Simons Stepping Down
January 19, 2021 — Law360
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FTC: Ninth Circuit's Qualcomm Mistakes Threaten Antitrust Law
September 28, 2020 — Global Competition Review
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FTC v. Qualcomm Ruling Makes Challenges To Novel Business Practices Harder – ABA Webinar
September 3, 2020 — PaRR Global
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The Major Antitrust Conduct Cases Of 2020 So Far
July 17, 2020 — Law360
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Apple, Intel Try To Storm A DOJ-Backed Patent 'Fortress'
April 30, 2020 — Law360
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In FTC Probe Of Small (Big) Tech Deals, Knowledge Is Power
February 19, 2020 — Law360
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FTC Goes Toe-To-Toe-To-Toe With Qualcomm, DOJ
February 11, 2020 — Law360
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DOJ Issues New Statement On Patent Remedies
December 20, 2019 — Global Competition Review
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DOJ Intervenes in Patent Cases
November 8, 2019 — GCR USA
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Probe Of Big Tech Could Yield Big Results
September 18, 2019 — Law360
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FTC Facing Qualcomm Alone As Trump Admin. Turns On Case
July 17, 2019 — Law360
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Ruling In FTC's Qualcomm Case Could Upend SEP Licensing
May 22, 2019 — Law360
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Qualcomm Case: A Prelude to More Interagency Clashes?
May 20, 2019 — FTCWatch
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DOJ Urges Caution If FTC's Qualcomm Case Brings Remedies
May 3, 2019 — Law360
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What's At Stake In The Apple, Qualcomm Antitrust Trial
April 11, 2019 — Law360
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The Political Realities of Warren’s Tech Breakup Plan
March 8, 2019 — The Information
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FTC Pulls From Old Playbook, Signals Newly Aggressive Approach to Tech
March 1, 2019 — The Information
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McSweeny Takes on DOJ’s Delrahim Over Patent Hold-up
April 2, 2018 — FTCWatch
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Delrahim's Position on Strengthening IP Rights Sparks Fierce Debate
December 1, 2017 — FTCWatch
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Tech Startups Could Benefit From FTC Focus on State Licensing
August 11, 2017 — Bloomberg BNA
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DoJ and FTC Propose Update to IP Licensing Guidelines
August 15, 2016 — Global Competition Review
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Ramirez redux, FTC flashback: The Tipline for 11 December 2015
December 11, 2015 — Global Competition Review
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'Modest' Changes to IP Guidelines Worth Considering, Baer Says
December 3, 2015 — Global Competition Review
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SanDisk/Western Digital Overlap in Enterprise SSD to Draw Regulators' Attention
October 26, 2015 — PaRR
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Policy, but what now: The GCR Section 5 Roundtable
September 8, 2015 — Global Competition Review
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Crowell Hires from FTC Chairwoman's Office
March 3, 2015 — Global Competition Review
Firm News & Announcements