In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often…
Category: Competition Law
The Future is Unfriendly for Mobilicity Acquisition by Telus
The Federal Government recently announced it would not allow Mobilicity to transfer the wireless spectrum it owns to Telus, effectively blocking a deal for the incumbent to acquire the smaller new entrant. Many see…
Beyond Knowledge and Consciousness – The Development of Liability for Misuse of Trade Secrets in the UK
On May 22nd, 2013, the Supreme Court of the United Kingdom (“UKSC”) decided the case Verstergaard, and in doing so created an important precedent concerning the relevance of subjective aspects…
Bowman v. Monsanto and Patent Exhaustion: To Be, or Ought to Be?
More of a cautionary winter’s tale than a midsummer night’s dream, an Indiana farmer facing legal action from a certain biotech and chemical multinational behemoth recently reached the U.S. Supreme…
Mining the Digital Gold Rush: The Legal (L)ore around France's Data-Mining Tax
With markets in real property, personal property, and intellectual property quite cornered, the future-savvy lawyer might consider their cutting-edge cousin, if France’s data-mining tax proposal has its way: what could…
Artwork to Ashes, Brands to Dust: Australia's Tobacco Plain Packaging Act Held Constitutionally Valid
Put this in your pipe and smoke it: The High Court of Australia recently ruled that the Tobacco Plain Packaging Act withstands constitutional scrutiny, in JT International SA v Commonwealth of Australia. Retailers and…