Koren Wong-Ervin is a recognized thought leader and has testified before Congress on domestic and international antitrust issues. She has more than sixteen years of experience, including representing defendants and plaintiffs in high-stakes litigations and representing technology companies in domestic and foreign investigations. Koren previously served at the Federal Trade Commission as an Attorney Advisor to Commissioner Joshua Wright and Counsel for Intellectual Property and International Antitrust.
Koren's scholarship has been cited by courts and the Department of Justice. She has authored over sixty articles, including on vertical mergers and restraints, acquisitions of potential competitors, consummated mergers, multisided platforms, the intersection of antitrust and intellectual property, incremental innovations or “product hopping,” optimal penalties, extraterritoriality, methodologies for calculating patent infringement damages, and international due process and convergence. Koren has also trained approximately 500 foreign judges and competition enforcers on antitrust law and economics, and spoken at over 150 domestic and international events.
- ABA Antitrust Law Section, numerous leadership positions (2009-Present)
- Co-Chair, Competition/Consumer Protection Policy and North American Comments Task Force (2019-Present)
- Member, Due Process Task Force (2018-2019)
- Member, International Task Force (2016-2019)
- Co-Chair, Antitrust in Asia Conference (2015-2016)
- Vice Chair, Intellectual Property Committee (2012-2015)
- Editorial Board, ANTITRUST LAW DEVELOPMENTS 7TH (two-volume treatise) (2009-2012)
- USG Non-Government Advisor, International Competition Network (2017-Present)
- Committee Member, Business at OECD (2017-Present)
- Contributing Editor, The Sedona Conference’s Framework for Analysis of Standard-Essential Patents and FRAND Licensing and Royalty Issues (2014-Present)
- Advisory Board Member, Fordham University School of Law Competition Law Institute (2019-Present)
- Co-Editor, LEXIS-NEXIS Antitrust Report Publication (2020-Present)
• Representing Google in various litigations and investigations of its business practices in the United States and other jurisdictions
• Represented Qualcomm in the $1 billion Apple v. Qualcomm antitrust litigation involving allegations of unlawful tying, refusals to license, and exclusive dealing.
• Represented a major standard-essential patent holder in a multistate antitrust class action alleging unlawful tying, refusals to license, and exclusive dealing.
• Represented a major standard-essential patent holder in connection with its intervention in the UK Supreme Court appeals in Unwired Planet v. Huawei and Conversant v. Huawei & ZTE, addressing issues such as global versus country-by-country licensing and the meaning of the “nondiscriminatory” prong of the FRAND commitment.
• Represented plaintiff-classes in the Sirius XM multistate antitrust class action and in numerous price-fixing cases.
• Represented 3M in the landmark LePage’s v. 3M bundled-rebates appeals and follow-on class actions.
• Represented Visa in the then-largest antitrust class action in U.S. history, In re Visa Check/MasterMoney.
• Represented a major chipset maker in investigations and subsequent court appeals in cases brought by the European Commission involving loyalty-discounts and predatory pricing allegations.
• Represented a major standard-essential patent holder in the Korean court appeals of an investigation brought by the Korea Fair Trade Commission involving allegations of unlawful tying and bundling and refusals to deal.
• Represented Google in the U.S. Federal Trade Commission’s online-search investigation.
• Defended Qualcomm against Broadcom’s hostile takeover attempt.
• Represented technology companies in a number of merger investigations before the Department of Justice and Federal Trade Commission.
*Includes matters handled prior to joining Axinn
- Concurrences Writing Awards, Winner (2019)
- GCR Academic Excellence Award, Winner (2016)
- Recognized as one of GCR’s 150 Women in Antitrust (2016)
- Women AT 40 in their 40s Notable Women Competition Professionals in Europe, the Americas and Africa
- Concurrences Writing Awards, Nominee for 3 articles (2021)
- GCR Corporate Counsel of the Year Award, Nominee (2020)
- Concurrences Writing Awards, Nominee (2020)
- Concurrences Writing Awards, Nominee for 3 articles (2018)
- Concurrences Writing Awards, Nominee (2017)
- Concurrences Writing Awards, Nominee (2016)
- Concurrences Writing Awards, Nominee (2015)
- Federal Trade Commission, Award for Meritorious Service (2015)
- Extra-Territoriality: Global Dictionary of Competition Law, Global Dictionary of Competition Law, Concurrences, May 21, 2021
- Jota “Digital Competition” Series Article, Jota, April 16, 2021
- How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act, Our Curious Amalgam, March 22, 2021
- Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets, Douglas H. Ginsburg – An Antitrust Professor on the Bench Liber Amicorum Volume II, December 9, 2020
- Acquisitions of Potential Competitors: The U.S. Approach and Calls for Reform, August 19, 2020
- Assessing the New DOJ, FTC Vertical Merger Guidelines, Law360, July 6, 2020
- GCR Interview: Nascent Acquisitions, Global Competition Review, June 12, 2020
- AmEx: Beyond Transaction Platforms and Section 1, Competition Policy International, May 14, 2020
- Challenging Consummated Mergers Under Section 2, Competition Policy International, May 3, 2020
- Assessing Monopoly Power or Dominance in Platform Markets, American Bar Association, April 15, 2020
- The Risks of Radicalism: Exacerbating Harms from Type I Errors, Competition Policy International, April 9, 2020
- Extraterritoriality: Approaches Around the World and Model Analysis, Concurrences Book Honoring Eleanor Fox, Forthcoming, February 8, 2020
- U.S. Vertical Merger Guidelines: Recommendations and Thoughts on EDM and Merger Specificity, Competition Policy International, January 22, 2020
- Antitrust Analysis Involving Intellectual Property and Standards: Implications from Economics, Harvard Journal of Law & Technology, Fall 2019
- Licensing of IP Rights and Competition Law, OECD Competition Committee Roundtable, June 6, 2019
- The 2018 FTC Hearings on IP & Innovation: Key Testimony, Economic Learnings, and Recommendations for Further Study, ABA Antitrust Magazine, Spring 2019
- Antitrust Analysis of Vertical Mergers: Recent Developments and Economic Teachings, The Antitrust Source, February 2019
- Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation, Competition Policy International, October 2018
- The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents, Competition Policy International, November 19, 2017
- IP LeadershIP Brussels: Highlights and Economic Analysis, Competition Policy International, November 15, 2017
- FRAND in India, Complications and Quandaries in the ICT Sector: Competition Issues and Standard Essential Patents, Fall 2017
- The Global Antitrust Attack on Intellectual Property Rights and What the U.S. Should Do About It, Forbes, September 1, 2017
- Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter, Competition Policy International, August 2017
- Recent Trends in International Antitrust Enforcement, United States House of Representatives Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, August 17, 2017
- Occupational Licensing Hinders the American Dream, RealClear Policy, July 10, 2017
- Recent Trends in International Antitrust Enforcement (video), United States House of Representatives Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, June 29, 2017
- An Update on the Most Recent Version of China’s Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights, Competition Policy International, May 2017
- Comments on Foreign Draft Laws and Guidelines, Global Antitrust Institute, May 2017
- International Competition Policy Expert Group: Report and Recommendations, Competition Policy International, May 2017
- Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States, 8 Jindal Global L. Rev. 127, 2017
- Portfolio Licensing at the End-User Device Level: Analyzing Refusals to License FRAND-Assured Standard-Essential Patents at the Component Level, 62 Antitrust Bull, 2017
- Problematic Aspects of the Japan Fair Trade Commission’s Proposed Distribution Guidelines, Competition Policy International, May 2017
- Troubling Aspects of the European Commission’s Standard-Essential Patents Roadmap, Competition Policy International, May 2017
- Tying and Bundling Involving Standard-Essential Patents, 24 Geo. Mason L. Rev. 1091, 2017
- Recent Trends in International Antitrust Enforcement (Prepared Statement), United States House of Representatives Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, May 19, 2017
- Problems in Proposed Changes to Vietnam’s Competition Law, Law360, May 10, 2017
- A Comparative and Economic Analysis of the U.S. FTC’s Complaint and the Korea FTC’s Decision Against Qualcomm, Competition Policy International, April 2017
- Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies, George Mason Law & Economics Research Paper No. 17-18, April 2017
- Extra-Jurisdictional Remedies Involving Patent Licensing, Competition Policy International, December 2016
- Monetary Penalties in China and Japan, ABA Section of Antitrust Law Cartel & Criminal Practice Committee Newsletter, Fall 2016
- Comments on the U.S. Antitrust Agencies’ Proposed Updated IP Guidelines, Competition Policy International, September 2016
- Intellectual Property and Standard Setting, 17 Federalist Society R. 52, 2016
- Standard-Essential Patents and Market Power, World Competition Day, 2016
- 'Excessive Royalty’ Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate, Competition Policy International Antitrust Chronicle, March 2016
- Product Hopping and the Limits of Antitrust: The Danger of Micromanaging Innovation, Competition Policy International Antitrust Chronicle, December 16, 2015
- An Update on China’s Anti-Monopoly Law Guidelines on IP, Law360, December 15, 2015
- The Troubling Use of Antitrust to Regulate FRAND Licensing, Competition Policy International Antitrust Chronicle, October 2015
- Testimony at Virginia’s Certificate of Public Need Workgroup Meeting, August 19, 2015
- An Analysis of the Federal Circuit’s Decision in Ericsson v. D-Link, Competition Policy International Antitrust Chronicle, March 2015
- Problems with the European Commission’s Platform Survey and Lessons Learned from the Economics of Multi-Sided Platforms and Privacy, Competition Policy International, January 2015
- Methodologies for Calculating FRAND Royalty Rates and Damages: An Analysis of Existing Case Law, Law360, October 10, 2014
- Procedural Fairness and the Importance of Focusing Solely on Competition Factors in Competition Analysis, International Antitrust Bulletin (ABA Section of Antitrust Law), August 2014
- FRAND Ambush?, Law360, July 10, 2014
- Seven Months In: The U.S. Antitrust Agencies’ Joint Model Waiver of Confidentiality, International Antitrust Bulletin (ABA Section of Antitrust Law), May 2014
- Standard-Essential Patents: The International Landscape, Public Domain (ABA Section of Antitrust Law), Spring 2014
- Does Aspen Skiing Apply to Intellectual Property Rights?, Intellectual Property Committee Newsletter (ABA Section of Antitrust Law), June 2013
- 2021 Concurrences Global Antitrust Economics Virtual Conference
- OECD Roundtable on "The Concept of Potential Competition"
- 2021 Chatham House Rules Federalist Society Virtual Program
- Genlaw's China Webinar on Platforms and Recent Developments Involving "Big Tech"
- Consummated Mergers
- Virtual Fireside Chat with FTC Commissioner Noah Phillips: The House Judiciary Antitrust Staff Report
- Acquisitions of Potential Competitors: The US Approach and Calls for Reform
- Back to the Future: In Need of a New Antitrust Framework?
- 2020 Chatham House Rules Federalist Society Virtual Program
- FCLI Virtual Conference on International Antitrust Law & Policy
- International Competition Network 2020 Virtual Annual Conference
- Concurrences Law and Economics Webinar
- Antitrust Policy in the 21st Century: Is There a Need for Reform?
- Federalist Society Roundtable on Nascent Acquisitions
- A Lesser Hurdle? Exploring Section 2 as Applied to Consummated Mergers
- JD, magna cum laude – University of California, Hastings College of Law (1999)
- BS, magna cum laude – Santa Clara University (1996)
- District of Columbia