Crowell & Moring’s Lisa Kimmel Shortlisted by Concurrences and George Washington University’s 2021 Antitrust Writing Awards

Washington – May 5, 2021: Crowell & Moring is pleased to announce that Lisa Kimmel has been shortlisted for Concurrences and George Washington University’s “2021 Antitrust Writing Awards” for her article, “The Patent Market Power Fallacy.” The article originally appeared in The Licensing Journal. The award honors the best antitrust articles published in the past year, and will be announced during a virtual awards ceremony on Wednesday, June 30th. Kimmel is a finalist for the “best academic article” in the intellectual property category.

Kimmel’s article considers whether market definition and share provide a reliable measure of market power in upstream markets for patented technology, particularly, but not exclusively, for the case of standard essential patents subject to a FRAND commitment. Her piece also explores the role contractual restraints and the patent owner’s practical inability to exclude use should play in the antitrust analysis of market power in technology markets.

Kimmel is a senior counsel in Crowell & Moring’s Antitrust and Competition Group. Her practice covers merger and civil nonmerger antitrust investigations and antitrust counseling. She also advocates for clients on competition policy matters before federal and state antitrust agencies, focusing in particular on the technology and digital commerce sectors, and matters involving the intersection of competition and intellectual property law. Kimmel joined Crowell & Moring in 2015 from the Federal Trade Commission, where she worked for nearly five years as an attorney advisor to the Chairwoman.

The Antitrust Writing Awards "Best Articles" selection recognizes writing, scholarship, originality, practical relevance and the contribution they make to competition advocacy. The finalists are selected by leading antitrust enforcers, academics and counsel. The full list of nominees can be found here. In addition, readers are invited to vote for their favorite article for the “Reader Award.”