Maurits Dolmans

PUBLICATIONS


“European Antitrust and Patent Acquisitions: Trolls in the Patent Thickets”, by Maurits Dolmans and Daniel Ilan, Competition Law International, August, 2012.

“Internet & Antitrust: An Overview of EU and National Case Law”, by Maurits Dolmans and Andrew Leyden, e-Competitions, No45647, May 8, 2012.

“Learning from Rambus - How to Tame Those Troublesome Trolls”, by Maurits Dolmans, Daniel Culley and Malik Dhanani, The Antitrust Bulletin: Vol. 57, No.1/Spring 2012.

“A Tale of Two Tragedies – A Plea for Open Standards”, Maurits Dolmans (updated and with introduction by Carlo Piana) – International Free and Open Source Software Law Review, Volume 2, Issue 2, 2011, pp. 115-137.

"EU Telecommunications Regulation", by Maurits Dolmans, Francesco Maria Salerno and Malik Dhanani – The Technology, Media and Telecommunications Review, Spring 2011, pp. 102-130.

“The European Court of Justice Denies Professional Legal Privilege to Employed Lawyers”, by Maurits Dolmans, Dirk Vandermeersch, and Jay Modrall, Employee Relations Law Journal, Vol. 36, No. 4, Spring 2011.

“Microsoft’s Browser-choice Commitments and Public Interoperability Undertaking”, M. Dolmans, T. Graf and D.R. Little, European Competition Law Review, Volume 31, Issue 7, 2010, pp. 268-275.

"Standards, IP, and Competition de aequitate non est disputandum? Disclosure of Interest: Counsel for Complainants in Microsoft, Rambus, Qualcomm and Other Standards Cases", IPR University Center, October 7, 2009.

“A Tale of Two Tragedies – A Plea for Open Standards, and Some Comments on the RAND Report” – Concurrences, Revue des droits de la concurrence, N° 1-2010, pp. 7-17.

“Misbruik van intellectuele eigendom en mededingingsrecht” – Leidse IE Alumni Almanak, Delex – December 2008, pp. 39-44.

“Article 82 EC and Intellectual Property: The State of the Law pending the Judgment in Microsoft v. Commission.” By Maurits Dolmans and Paul-John Loewenthal – Competition Policy International, Volume 3, N° 1, Spring 2007.

“The New Technology Transfer Block Exemption: A Welcome Reform, After All” World Competition 27(3), 351-363 – by Maurits Dolmans and Anu Piilola – September 2004.

“EC Takes Firm Stance Against Microsoft” – published in Legal Week, Vol.6 No.16 - April 29, 2004.

“Verizon v. Trinko” roundtable, Panel member, participation in article by David Samuels, published in Global Competition Review, March 2004 issue.

“A Health Warning for IP Owners: The Advocate General’s Opinion in IMS and its Implications for Compulsory Licensing” – by Maurits Dolmans and Daniel Ilan – Competition Law Insight, November 2003.

“The New Technology Transfer Block Exemption – Will the New Block Exemption Balance the Goals of Innovation and Competition?” – by Maurits Dolmans and Anu Piilola – published in IPL Newsletter, Volume 21, number 4, Summer 2003.

“Standards for Standards” published by Fordham in the “EC law in honour of Philip D. Reed.” December 2002.

“Cross-Border Mergers in Company Law and Competition Law: Removing the Final Barriers”, Snelders & Dolmans, XX FIDE Conference, in 49 SEW9, September 2002, p.307.

“Standards for Standards,” Fordham Int'l L J November 2002 p, 163; Paper for the Joint Department of Justice Antitrust Division/Federal Trade EC Commission hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy, Session on Comparative Law Topics: Licensing of Intellectual Property in Other Jurisdictions, Washington DC, May 22, 2002.

“EC Commission v. Microsoft: Win, Lose or Tie?” Article by Maurits Dolmans/Nicholas Levy, Commercial Lawyer, January 2002.

“IPRs for Biotechnology – rDNA as a Protectable Database/Copyrighted Work?” in “International Intellectual Property Law & Policy” Vol. 6 ed. Hugh C. Hansen, 2001.

“Sauce for the Goose is Sauce for the Gander”, European Counsel, Vol. IV, Number 1, Feb. 1999.

“Harmonization of Know-How Protection in the EU: Has the Time Come?”, in “International Intellectual Property Law & Policy”, Vol. 4, ed. Hugh C. Hansen, 1999.

“Site License, Right License?”, 1998 ECLR 19:8 (with Miguel Odriozola).

“The ISO Wars - A Report from the European Front 1998” by Ivor Cary Armistead III, Maurits Dolmans and Christopher Parker, ABA Antitrust Section Computer Industry Committee’s Newsletter, Summer 1998, Volume 3, Number 2.

“The 1997 Digital Undertaking”, in “European Competition Law Review”, Vol. 19 - Issue 2, February 1998.

“Restrictions on Innovation - An EU Antitrust Approach” ABA 45th Annual Antitrust Spring Meeting, 1997, published in the Antitrust Law Journal, Spring 1998, Vol. 66, Issue 2, pp.455-485.

“Attorney-Client Privilege for In-House Counsel - A European Perspective”, The Columbia Journal of European Law, Vol. 4, No. 1, 1998; republished in the “European Counsel” magazine, Vol. III, Number 3, April 1998.

“Copyrights and The Internet - A European’s Perspective” Fourth Annual Fordham Conference on Intellectual Property Law and Policy, 1996; published in “International Intellectual Property Law & Policy”, Vol. 3, ed. Hugh C. Hansen, 1998, pp. 63-1/24.

“Software Licensing in Europe - Do We Need a Block Exemption?” in “International Intellectual Property Law & Policy”, Vol. 1, ed. Hugh Hansen, 1996, pp. 409-422.

“Antitrust Issues in Information Technology and Telecommunciations”, in “International Computer Law” (together with Robbert Snelders), Louwers & Prins eds, Matthew Bender & Co., Inc., NY, 1995, § 4.02 A through § 4.02 E (annually updated).

“Quotas Without Content: The Questionable Legality of European Content Quotas under the TV Without Frontiers Directive,” Entertainment Law Review, Volume 6 Issue 8, December 1995.

“Problems of Mixed Agreements - Division of Powers within the EEC and The Rights of Third States”, Asser Instituut - The Hague, 1985.

LECTURES

"Intellectual property and antitrust", IBA 24th Annual Communications and Competition Law Conference, Rio de Janeiro - April 30, 2013.

"Recent antitrust developments in the online sector", IBA 24th Annual Communications and Competition Law Conference, Rio de Janeiro - April 29, 2013.

"Legal Issues of Cloud Computing", British-German Jurists’ Association Conference, Brighton, UK - April 20, 2013.

"A New Shift: The Patent Wars Move (Partially) to the Merger Context", GCR Live 2nd Annual Antitrust Law Leaders Forum, Miami - February 8, 2013.

"Head in the Cloud, Feet Firmly on the Ground", Policy Dinner of the European Committee for Interoperable Systems (ECIS), Brussels - December 12, 2012.

"Current Trends and Procedures in EU Competition Investigations & Enforcement", San Diego - October 9, 2012. 

"Recent Developments in Global Antitrust Enforcement and Information Sharing", London - October 3, 2012.

“The Google case - Beyond IP”, IBC Legal: IP & Competition Law 2012 Conference, Brussels - September 25, 2012.

"The IP Competition Law Interface: Part I: Role of Competition Authorities in IP Matters - EU and US Perspective: Should Antitrust Law Enjoin Injunctions?", Competition Law Association Evening Meeting, London - June 12, 2012.

"From My Wings are Shaken, the Dews that Waken, the Sweet Buds Every One… – Cloud Computing, Innovation, and Competition", OpenForum Academy Seminar, Brussels - May 23, 2012.

"Recent Antitrust Developments in the Communications Industry", IBA: 23rd Annual Communications and Competition Law Conference, Lisbon - May 8, 2012.

“The Economics of Patent Wars and other IP-related issues”, IBC Legal: Competition Economics 2012 Conference, London – March 20, 2012.

“Should Antitrust Authorities Intervene in Fast Moving IT Markets?” and “ IT Firms under the Antitrust Nanoscope”, GCR IT & Antitrust Conference – London, March 14, 2012.

"Mobile Patent Wars - The Fight to Become the Next Platform Superpower", London - March 2, 2012.

“Legal Entertainment? – Satellite and online broadcasting after Premier League v Mrs Murphy”, London - March 1, 2012.

"The Mobile Patent Wars - What to do? Promoting Patent Peace? Standardizing Standards Policies? or Taming Those Troublesome Trolls?" - London, February 8, 2012.

“What Can Competition Agencies Do To Preserve Innovation in Europe? – Promoting Patent Peace? Or Taming those Troublesome Trolls?”, GCR Live 3rd Annual Competition Law Conference, Brussels, November 15, 2011, and Compass Lexecon Competition Policy Forum under Chatham House Rules, Como (Italy), October 30, 2011.

“Patent Valuation – Recent Developments and Case Law – IA Valuation – Legal Implications in Licensing Arrangements”, DSM Seminar, September 13, 2011.

“Patent Exhaustion – Recent Developments and Case Law - IA Valuation – Legal Implications in Licensing Arrangements”, DSM Seminar, September 12, 2011.

“Competition Law in the Digital World – Is the EC Getting the Enforcement Balance Right?” The Law Society Competition Section Annual Conference in London, May 25, 2011.

“Article 102 TFEU – Refusal to Deal after Microsoft – Beating the Bounds”, IBC Legal’s 15th Annual Dominance and Pricing in Europe Conference, April 7, 2011.

“The Draft Horizontal Guidelines & Standards”, presentation for ABA, October 13, 2010.

Public debate in London “Open Standards to Promote Software Interoperability” September 7, 2010.

“Problems of Market Dominance: The Lessons of the Microsoft Case,” The IPR University Center Helsinki and Roschier Attorneys Ltd., October 6, 2009.

“IP and Competition Law in Storage Media” – Annual conference of the European Patent Office and DG Enterprise – Prague, April 27, 2009.

“The Interface Between Competition Law and Intellectual Property Rights,” The Swedish Network for European Legal Studies, January 23, 2009.

“Standards, IPRs and Anti-Monopoly Law” – Seminar for MIIT and CATR, China – October 16, 2008.

“Standard Setting- the Interplay with IP and Competition Laws” - Fordham Annual Conference on IP Law and Policy – March 28, 2008.

“Microsoft, the CFI and the Aftermath in the EU and US” and “Member States Competition Enforcement in the EU: the Role and Interaction of Member State Competition Authorities, Private Actions in the Member State Courts” – Fordham Annual Conference on IP Law and Policy – March 27, 2008.

“Legal Privilege in the EU” – AmCham – December 14, 2007.

“Lessons for Article 82 Reform” – IBC Conference – November 22, 2007.

“IP and Competition Issues to be Addressed by the CFI in the Microsoft Interoperability Case” – International Bar Association, Fiesole, Italy – September 8, 2007.

“EC Competition Law and IP Licensing in a Standard-setting Context – Are Hold-up, Royalty Stacking and Patent Ambush Serious Concerns and, if so, What are Possible Responses?” – ABA Section of Antitrust Law, Brown Bag Seminar on Standards and IP – June 22, 2007.

“IP and Competition Issues to be addressed by the CFI in the Microsoft Interoperability Case,” IBC Conference, June 12, 2007.

“Fairness in Licensing IP for Standards – de aequitate non est disputandum?” LECG Como Summit, October 28, 2006.

“IP and Competition - Compulsory Licensing,” IBC Conference, June 8, 2006.

“Standards, IPR and Competition: FRANDS or Foes?” 20th Annual IFCLA Conference, Amsterdam, June 2, 2006.

“The Concept of Abuse Under Article 82 EC – Profit Sacrifice or Proportionality Test?” College of Europe, Bruges / Global Competition Law Centre, June 16-17, 2005.

“Standards – IPR Policies and FRAND Licensing” IBC Conference, Brussels, June 9, 2005.

“Standards – IPR Policies and FRAND Licensing,” Conference on Antitrust and Intellectual Property, LECG/Universiteit van Antwerpen, June 8, 2005.

“Efficiency Defenses Under Article 82 EC Seeking Profits or Proportionality? – The EC 2004 Microsoft case in context of Trinko,” NERA 24th Annual Antitrust and Trade Regulation Seminar, Santa Fe, July 9-10, 2004.

“Four Pillars of Modernization – Implications for Corporate Counsel,” European Counsel Group, London, June 18, 2004. 

“Innovation, Competition and the New Technology Transfer Block Exemption,” IBC’s Tenth Annual Conference, London, April 29, 2004.

“Attack of the Clones: The IMS Decision and Compulsory Licensing under EC Law,” ABA/IPL 19th CLE Conference, Washington DC, April 1, 2004.

“Legal Privilege in the EU – A Status Report,” Law Society European Group, London, February 10, 2004.

“2003 Competition Law Practitioner Workshop Series,” IMS – Health – Intellectual Property & Competition Policy, BIICL, November, 2003.

“Arbitration and the Modernization of Antitrust Laws – New Opportunities and New Responsibilities,” International Bar Association Conference, San Francisco, September 14-19, 2003.

“Tying Under EU-Law,” Third Meeting Competition Law Forum, British Institute of International Law, London, September 10, 2003, by Maurits Dolmans, Thomas Graf and Rita Lenz.

“EC Competition Law – Modernization and National Courts,” Seminar: Erasmus University, Rotterdam, June 10, 2003.

“Intellectual Property Reform,” IBC’s Tenth Annual London Conference, April 28-29, 2003.

“Intellectual Property and Standards,” X Magister of Intellectual Property & Information Society Law, Universidad de Alicante, Spain, March 13, 2003.

“VIRA/Grotius Dutch Bar Specialisation Course 'Informaticarecht'” (EC and Competition Aspects of Information Technology Law), annually since 1995, Utrecht - The Netherlands.

“The New Technology Transfer Block Exemption”, IBC Advanced EU Competition Conference, April, 2003.

“Deep Throats and Secret Squirrels; The Fascinating World of IPRs, Standards and Competition,“ March 13 Magister Lvcentinvs lecture at Alicante University.

“Modernization of Competition Law and The new Procedural Regulation,” November 20, 2002, IBC Conference.

October 10, 2002, presentation at Harvard seminar on IP and competition.

“Standards for Standards” presentation at Joint FTC/DoJ hearing on IP and competition, May 22, 2002.

“EC Competition Law Modernization,” IBC Conference, April 22, 2002.

“Modernisation of EC Competition Law,” Hawksmere Conference, October 9, 2001.

“Pricing Abuses – Enforcement at What Cost?” IBC’s 7th Annual Brussels conference on Advanced EC Competition Law, Nov. 13-14, 2000.

“Essential Facilities after the Oscar Bronner case,” IBC Conf. Brussels, Sept. 17, 1999.

“Microsoft v. Netscape analysed under EC law,” IBC Conf. Brussels, Nov. 10, 1998.

“Schutz der Beratung durch den Syndikus,” Arbeitsgemeinschaft der Syndikusanwälte im DeutschenAnwaltVerein, Berlin, 1998.

“Co-ooperation in R&D and Know-How,” European Counsel Conference on “Co-operating with Competitors,” London, 1998.

“Some Current Issues in the Upstream Gas Industry,” Third Annual IBC Conference on EC Competition Law, Brussels, 1996.

“Competition, Copyright, and Media Implications of the ECJ Judgment in Magill,” Union Internationale des Avocats XXXIX Congress, London, 1995.

“Joint Ventures and Co-operation Agreements,” MCE Conference “European Competition Policy, Brussels,” 1995 and 1996.

“Competition, Copyright, and Media Implications of the ECJ Judgment in Magill,” Union Internationale des Avocats XXXIX Congress, London, September 4, 1995.

“Biotechnology and the New Technology Licensing Block Exemption,” Fourth Annual IBC Conference on Protecting Biotechnological Inventions, Brussels, September 28-29, 1995.

“Standards and IPRs - Magill,” First Annual Two-Day Conference on EC Competition Law, Brussels, November 8-9, 1994.

“Intellectual Property as an Essential Facility?” First Annual IBC Conference on EC Competition Law, London, May 16-17, 1994.

“IBM Retried - Competition and Computer Systems Interfaces,” November 9, 1993.

“Competition in Regulated Areas - Are Monopolies Compatible with the EEC Treaty?” 16th Annual ECS Conference on Recent Developments, 1993.