The Archives

Everything written by A. Douglas Melamed on law, economics, and more

A. Douglas Melamed

A. Douglas Melamed is a visiting fellow at the Stanford Law School and scholar in-residence at the University of Southern California Gould School of Law.

He was professor of the practice of law at Stanford from 2014 until 2022 and scholar-in-residence there from 2022 to 2023. He was also the Florence Rogatz Visiting Professor in the Practice of Law at Yale Law School in 2017.

From 2009 until 2014, he was senior vice president and general counsel of Intel Corp. and was responsible for overseeing Intel’s legal, government affairs, and corporate affairs departments. Prior to joining Intel, he was a partner in the Washington, D.C., office of WilmerHale, a global law firm in which he served as a chair of the Antitrust and Competition Practice Group. He joined WilmerHale’s predecessor in 1971.

From 1996 to 2001, Melamed served in the U.S. Justice Department as acting assistant U.S. attorney general in charge of the Antitrust Division and, before that, as principal deputy assistant U.S. attorney general.

He received his bachelor's at Yale and his JD at Harvard.

Posts

It’s All About What We Don’t Know

A. Douglas Melamed Oct 12, 2020

Nicolas Petit’s Big Tech and the Digital Economy: The Moligopoly Scenario provides an insightful and valuable antidote to this unease.  While neither Panglossian nor comprehensive, Petit’s analysis persuasively argues that some of the concerns about the platforms are misguided or at least overstated.  As Petit sees it, the platforms are not so much monopolies in ... It’s All About What We Don’t Know

AntitrustCriminal & Civil Justice ReformError Costs

The Facts Show That No License/No Chips Was A Successful Policy, Not an Empty Threat – A Reply to Manne and Auer’s New Argument

Mark A. Lemley, A. Douglas Melamed & Steve Salop Jan 22, 2020

In their original post, Manne and Auer argued that the antitrust argument against Qualcomm’s no license/no chips policy was based on bad economics and bad law. They now seem to have abandoned that argument and claim instead – contrary to the extensive factual findings of the district court – that, while Qualcomm threatened to cut off ... The Facts Show That No License/No Chips Was A Successful Policy, Not an Empty Threat – A Reply to Manne and Auer’s New Argument

AntitrustFTCPatents

Manne and Auer’s Defense of Qualcomm’s Licensing Policy Is Deeply Flawed

Mark A. Lemley, A. Douglas Melamed & Steve Salop Jan 21, 2020

Geoffrey Manne and Dirk Auer’s defense of Qualcomm’s no license/no chips policy is based on a fundamental misunderstanding of how that policy harms competition.  The harm is straightforward in light of facts proven at trial. In a nutshell, OEMs must buy some chips from Qualcomm or else exit the handset business, even if they would ... Manne and Auer’s Defense of Qualcomm’s Licensing Policy Is Deeply Flawed

AntitrustFTCIntellectual Property