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Geradin, Damien

William W. Cook Global Law Professor
Winter 2013
Winter 2014

900 Legal Research
734.615.4225
E-mail geradind@umich.edu
William W. Cook Global Law Professor Damien Geradin is a professor of competition law and economics at Tilburg University in The Netherlands and a partner at Covington & Burling in Brussels. His areas of research include antitrust with a particular focus on high-technology industries and intellectual property law. Prof. Geradin has held visiting professorships at Columbia Law School, Harvard Law School, and UCLA School of Law. He is the co-editor-in-chief of the Journal of Competition Law and Economics and has authored or edited 15 books and published more than 60 legal and economic papers. His most recent book is Global Antitrust Law and Economics, coauthored with Prof. Einer Elhauge of Harvard Law School. As a practitioner, Prof. Geradin has been involved in a number of major antitrust cases, including the abuse of dominance cases and mergers. He also has advised a number of competition and regulatory authorities and has been involved in international arbitrations. He holds an LLM from King's College London and a PhD from Cambridge University. He was a Fulbright Research Scholar at Yale Law School.

Recent Publications

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"EC Competition Law and Economics." J.Padilla & N. Petit, co-authors. Oxford: Oxford Univ. Press, Forthcoming.

What's Wrong with Royalties in High Technology Industries? (Prepared for George Mason University School of Law & Microsoft Corporation Conference on the Law and Economics of Innovation: "Patents and the Commercialization of Innovation," May 2008). Working paper.
Full text: SSRN

Separating Pro-Competitive from Anti-Competitive Loyalty Rebates: A Conceptual Framework. (Prepared for Asia International Competition Comference, September 2008). Working paper.
Full text: SSRN

Twenty Years of Liberalization of Network Industries: Where Do We Go Now? Tilburg Univ., Law & Economics Center Discussion Papers Series. Working paper.
Full Text: SSRN

Royalty Stacking in High Tech Industries: Separating Myth from Reality. A.Layne-Farrar and A.Jorge Padilla, co-authors. Center for Economic Research Disussion Paper, no. 6091. Working paper.
Full text: WWW

Regulatory Co-Opetiton: Transcending the Regulatory Competition Debate. J.A. McCahery, co-author. Amsterdam Center for Law & Economics Working Paper, no. 2005-06. Working paper.
Full text: SSRN

The Necessary Limits to the Control of 'Excessive' Prices by Competition Authorities - A View From Europe. Tilburg University Legal Studies. Working paper.
Full text: SSRN

Judicial Remedies Under EC Competition Law: Complex Issues Arising from the 'Modernisation' Process. N.Petit, co-author. Working paper.
Full text: SSRN

Is the Guidance Paper on the Commission's Enforcement Priorities in Applying Article 102 TFEU to Abusive Exclusionary Conduct Useful? Working paper.
Full text: SSRN

FRAND Commitments and EC Competition Law. M. Rato, co-author. Working paper.
Full text: SSRN

Extraterritoriality, Comity and Cooperation in EC Competition Law. D. Henry & M. Reysen, co-authors. Tilburg University, Law & Economics Center. Working paper.
Full text: SSRN

The Ex Ante Auction Model for the Control of Market Power in Standard Setting Organizations. A. Layne-Farrar & A. Jorge Padilla, co-authors. Working paper.
Full text: SSRN

Enhancing Competition in the Postal Sector: Can We Do Away With Sector-Specific Regulation? (Prepared for 14th Conference on Postal & Delivery Economics, June 2006). Working paper.
Full text: SSRN

Elves or Trolls? The Role of Non-Practicing Patent Owners in the Innovation Economy. A. Layne-Farrar & A. Jorge Padilla, co-authors. Tilburg University, Law & Economics Center Discussion Paper, no. 2008-018. Working paper.
Full text: SSRN

Development of Standards for Regulatory Systems in Infrastructure: Emerging Principles of Utility Regulation. Working paper.
Full text: SSRN

The Development of Agencies at EU and National Levels: Conceptual Analysis and Proposals for Reform. N. Petit, co-author. NYU School of Law, Jean Monnet Working Paper, no. 01/04. Working paper.
Full text: SSRN | WWW

The Decision of the Commission of 13 May 2009 of the Intel Case: Where is the Foreclosure and Consumer Harm? Tilburg University, Law & Economics Center Discussion Paper, no. 2010-022. Working paper.
Full text: SSRN

The Concept of Dominance in EC Competition Law. P.Hofer, F. Louis N. Petit & M. Walker, co-authors. College of Europe, Global Competition Law Centre Research Paper. Working paper.
Full text: SSRN

Competition Rules in the Euromed Countries with a Special Emphasis on Network Industries. N. Petit, co-author. Presented at World Bank ABCDE Conference, May 2003. Working paper.
Full text: SSRN

Competition Law Problems Raised by the Entry of Incumbent Telecommunications Operators in the Media Content Delivery Market. Tilburg University, Law & Economics Center Working paper.
Full text: SSRN

Article 82, IP Rights, and Industry Standards: In Reply. M. Rato, co-author. Working paper.
Full text: SSRN

Antitrust vs. Sector-Specific Regulation in Telecom: What Works Best? M. Kerf & I. Neto, co-authors. Working paper.
Full text: SSRN

Antitrust vs. Sector-Specific Regulation in Telecom: The Impact on Competitiveness. M. Kerf & I. Neto, co-authors. Working paper.
Full text: SSRN

Antitrust vs. Sector-Specific Regulation in Telecom: A Close Look at Interconnection. M. Kerf & I. Neto, co-authors. Working paper.
Full text: SSRN

Abusive Pricing in an IP Licensing Context: An EC Competition Law Analysis. Tilburg University, Law & Economics Center Discussion Paper, no. 2007-020. Working paper.
Full text: SSRN

Abuse of Dominance in the Postal Sector -- The Contribution of the Guidance Paper on Article 82 EC. D. Henry, co-author. Working paper.
Full text: SSRN

"Taking Contracts Seriously: the Meaning of the Voluntary Commitment to License Essential Patents on 'Fair and Reasonable' Terms." R. G. Brooks, co-author. In Intellectual Property and Competition Law: New Frontiers, edited by S. Anderman and A. Ezrachi, 389-408. Oxford: Oxford Univ. Press, 2011.

"FRAND Commitments and EC Competition Law: A Reply to Philippe Chappatte." M. Rato, co-author. Eur. Competition J. 6, no. 1 (2010): 129-78.
Full text: SSRN | IngentaConnect (UMich users) | IngentaConnect | WWW

co-author. "Revisiting Injunctive Relief: Interpreting eBay in High-Tech Industries with Non-Practicing Patent Holders." V.Denicolò, A.Layne-Farrar, and A.Jorge Padilla, co-authors. Journal of Competition Law and Economics vol. 4, no. 3 (2008): 571-608.
Full text: SSRN

Co-author. EU Competition Law and Economics. A.Layne-Farrar and N.Petit, co-authors. Oxford: Oxford Univ. Press, 2012.

The EU Competition Law Fining System: A Reassessment. Working Paper.
Full Text: SSRN

Refusal to Supply and Margin Squeeze: A Discussion of Why the 'Telefonica Exceptions' Are Wrong. Working Paper.
Full Text: SSRN

Co-author. Patent Value Apportionment Rules for Complex, Multi-Patent Products. Anne Layne-Farrar, co-author. TILEC Discussion Paper No. 2011-010. Working Paper.
Full Text: SSRN

Co-author. Industrial Policy and European Merger Control: A Reassessment. Ianis Girgenson, co-author. Working Paper.
Full Text: SSRN

Reverse Hold-Ups: The (Often Ignored) Risks Faced by Innovators in Standardized Areas. Working Paper.
Full Text: SSRN

Price Discrimination in the Postal Sector and Competition Law. Working Paper.
Full Text: SSRN

Co-author. Judicial Review in European Union Competition Law: A Quantitative and Qualitative Assessment. Petit, Nicholas, co-author. TILEC Discussion Paper No. 2010-008; Tilburg Law School Research Paper No. 01/2011. Working Paper.
Full Text: SSRN

Is the Guidance Paper on the Commission's Enforcement Priorities in Applying Article 102 TFEU to Abusive Exclusionary Conduct Useful? Working Paper.
Full Text: SSRN

Co-author. Interpretating and Enforcing the Voluntary FRAND Commitment. Roger G. Brooks, co-author. Working Paper.
Full Text: SSRN

The Decision of the Commission of 13 May 2009 of the Intel Case: Where is the Foreclosure and Consumer Harm? Tilburg University, Law & Economics Center Discussion Paper, no. 2010-022. Working Paper. (Last revised May 2010.)
Full Text: SSRN

Co-author. Abuse of Dominance in the Postal Sector--The Contribution of the Guidance Paper on Article 82 EC. D. Henry, co-author. Working Paper. (Last revised May 2010.)
Full Text: SSRN

What's Wrong with Royalties in High Technology Industries? (Prepared for George Mason University School of Law & Microsoft Corporation Conference on the Law and Economics of Innovation: 'Patents and the Commercialization of Innovation,' May 2008). Working Paper. (Last revised December 2009.)
Full Text: SSRN

Separating Pro-Competitive from Anti-Competitive Loyalty Rebates: A Conceptual Framework. (Prepared for Asia International Competition Comference, September 2008). Working Paper. (Last revised January 2009.)
Full Text: SSRN

Co-author. Extraterritoriality, Comity and Cooperation in EC Competition Law. D. Henry & M. Reysen, co-authors. Tilburg University, Law & Economics Center. Working Paper.
Full Text: SSRN

Co-author. Elves or Trolls? The Role of Non-Practicing Patent Owners in the Innovation Economy. A. Layne-Farrar & A. Jorge Padilla, co-authors. Tilburg University, Law & Economics Center Discussion Paper, no. 2008-018. Working Paper.
Full Text: SSRN

The Necessary Limits to the Control of 'Excessive' Prices by Competition Authorities - A View From Europe. Tilburg University Legal Studies. Working Paper.
Full Text: SSRN

Co-author. The Ex Ante Auction Model for the Control of Market Power in Standard Setting Organizations. A. Layne-Farrar & A. Jorge Padilla, co-authors. Working Paper.
Full Text: SSRN

Co-author. Royalty Stacking in High Tech Industries: Separating Myth from Reality. A.Layne-Farrar and A.Jorge Padilla, co-authors. Center for Economic Research Disussion Paper, no. 6091. Working Paper.
Full Text: WWW

Co-author. Revisiting Injunctive Relief: Interpreting eBay in High-Tech Industries with Non-Practicing Patent Holders. V. Denicolò, A. Layne-Farrar and A Jorge Padille, co-authors. Working Paper. (Last revised May 2009.)
Full Text: SSRN

Abusive Pricing in an IP Licensing Context: An EC Competition Law Analysis. Tilburg University, Law & Economics Center Discussion Paper, no. 2007-020. Working Paper.
Full Text: SSRN

Twenty Years of Liberalization of Network Industries: Where Do We Go Now? Tilburg Univ., Law & Economics Center Discussion Papers Series. Working Paper.
Full Text: SSRN

Enhancing Competition in the Postal Sector: Can We Do Away With Sector-Specific Regulation? (Prepared for 14th Conference on Postal & Delivery Economics, June 2006). Working Paper. (Last revised May 2007.)
Full Text: SSRN

Co-author. DG Comp's Discussion Paper on Article 82: Implications of the Proposed Framework and Antitrust Rules for Dynamically Competitive Industries. C. Ahlborn, V. Denicolò and A. Jorge Padilla, co-authors. Working Paper.
Full Text: SSRN

Co-author. Article 82, IP Rights, and Industry Standards: In Reply. M. Rato, co-author. Working Paper.
Full Text: SSRN

Co-author. Antitrust vs. Sector-Specific Regulation in Telecom: What Works Best? M. Kerf & I. Neto, co-authors. Working Paper.
Full Text: SSRN

Co-author. Antitrust vs. Sector-Specific Regulation in Telecom: The Impact on Competitiveness. M. Kerf & I. Neto, co-authors. Working Paper.
Full Text: SSRN

Co-author. Antitrust vs. Sector-Specific Regulation in Telecom: A Close Look at Interconnection. M. Kerf & I. Neto, co-authors. Working Paper.
Full Text: SSRN

Co-author. The Concept of Dominance in EC Competition Law. P.Hofer, F. Louis N. Petit & M. Walker, co-authors. College of Europe, Global Competition Law Centre Research Paper. Working Paper.
Full Text: SSRN

Co-author. Regulatory Co-Opetiton: Transcending the Regulatory Competition Debate. J.A. McCahery, co-author. Amsterdam Center for Law & Economics Working Paper, no. 2005-06. Working Paper.
Full Text: SSRN

Co-author. Judicial Remedies Under EC Competition Law: Complex Issues Arising from the 'Modernisation' Process. N.Petit, co-author. Working Paper. (Last revised February 2006.)

Competition Law Problems Raised by the Entry of Incumbent Telecommunications Operators in the Media Content Delivery Market. Tilburg University, Law & Economics Center. Working Paper. (Last revised February 2006.)
Full Text: SSRN

Co-author. The Development of Agencies at EU and National Levels: Conceptual Analysis and Proposals for Reform. N. Petit, co-author. New York University School of Law, Jean Monnet Working paper, no. 01/04. Working Paper.
Full Text: SSRN

Co-author. Competition Rules in the Euromed Countries with a Special Emphasis on Network Industries. N. Petit, co-author. Presented at World Bank ABCDE Conference, May 2003. Working Paper.
Full Text: SSRN

Development of Standards for Regulatory Systems in Infrastructure: Emerging Principles of Utility Regulation. Working Paper. (Last revised February 2004.)
Full Text: SSRN

"A Global Perspective on State Action." In The Global Limits of Competition Law, 99-116. Stanford, Calif.: Stanford University Press, 2012.

Co-author. "Taking Contracts Seriously: the Meaning of the Voluntary Commitment to License Essential Patents on 'Fair and Reasonable' Terms." R. G. Brooks, co-author. In Intellectual Property and Competition Law: New Frontiers, edited by S. Anderman and A. Ezrachi, 389-408. Oxford: Oxford Univ. Press, 2011.

Co-author. "Patent Value Apportionment Rules for Comples, Multi-Patent Products." A. Layne-Farrar, co-author. Santa Clara Computer & High Tech. L. J. 27, no. 4 (2011): 763-92.
Full Text: SSRN | HEIN (UMich users) | HEIN | Westlaw

Co-author. Global Antitrust Law and Economics. 2nd ed. E. Elhauge, co-author. University Casebook Series. New York: Foundation Press, 2011.

"FRAND Commitments and EC Competition Law: A Reply to Philippe Chappatte." M. Rato, co-author. Eur. Competition J. 6, no. 1 (2010): 129-78.

"The Perils of Antitrust Proliferation: The Globalization of Antitrust and the Risks of Overregulation of Competitive Behavior." Chicago J. of Int'l. L. 10, no. 1 (2009): 189-212. (Work published when author not on Michigan Law faculty.)
Full Text: HEIN (UMich users) | HEIN | Westlaw

"Pricing Abuses by Essential Patent Holders in a Standard-Setting Context: A View From Europe." Antitrsut L. J. 76, no. 1 (2009): 329-51. (Work published when author not on Michigan Law faculty.)
Full Text: SSRN | Westlaw

"A Proposed Test for Separating Pro-Competitive Condition Rebates from Anti-Competitive Ones." World Competition 32, no. 1 (2009): 41-70. (Work published when author not on Michigan Law faculty.)

Co-author. "The Complements Problem with Standard Setting: Assessing the Evidence on Royalty Stacking." A.Layne-Farrar & A.J. Padilla, co-authors. B.U. J. Sci. & Tech. L. 14, no. 2 (2008): 144-76. (Work published when author not on Michigan Law faculty.)
Full Text: HEIN (UMich users) | HEIN | Westlaw

Co-author. "Competing Away Market Power? An Economic Assessment of Ex Ante Auctions in Standard Setting." A. Layne-Farrar & A.J.Padilla, co-authors. Euro. Competition J. 4, no. 2 (2008): 443-62. (Work published when author not on Michigan Law faculty.)
 
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