Category

Antitrust Law

A concrete proposal to improve the DMA

A few weeks ago, Nicolas Petit kindly invited me to discuss the Digital Markets Act (“DMA”) at the European University Institute. I had prepared one slide for my presentation (above). I thought I would develop my thinking further in a post. Here goes. The DMA appears mainly concerned with the redistribution of wealth. It takes existing digital infrastructures as set,...
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Digital Markets Act: a conservative piece of regulation

The Digital Markets Act (“DMA”) is a complex piece of regulation. It includes some great ideas (as tackling predatory innovation) while being surprisingly conservative (defined as “​the wish to resist great or sudden change” by the Oxford Dictionary). Chapter III intends to “set out the practices of gatekeepers that limit contestability and that are unfair” (p. 13), but one...
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George L. Priest (guest article): “What to do about the Big Tech Monopolies?”

Dear readers, I am delighted to announce that this month’s guest article is authored by George L. Priest, Edward J. Phelps Professor of Law and Economics at Yale Law School. Prof. Priest responds to several recent antitrust proposals targeting big tech companies, reminds us of the difference with non-tech monopolies, and comes back on the consumer welfare standard. I am confident that...
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Competition Stories: March & April 2021

Welcome to the Competition Stories – a bimonthly exploration of recent courts and competition law agencies’ decisions. Authored by Makis Komninos, a renowned expert in the field, this new column aims to go through the latest and most important developments in competition law of the last two months. We call them “stories” because Makis has promised to include some anecdotes from...
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Douglas H. Ginsburg & Jacob Philipoom (guest article): “A Certain Harm Overlooked: The Case of Nascent Competitors Revisited”

Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021. The one for April is authored by Douglas H. Ginsburg, Judge, U.S. Court of Appeals for the District of Columbia Circuit, and Professor of Law, Global Antitrust Institute, Scalia Law School, George Mason University, and Jacob Philipoom, Law clerk to...
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Michal Gal (guest article): “Do our Privacy Laws Strengthen the Already Strong?”

Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021. The one for March is authored by Michal Gal, Professor and Director of the Center for Law and Technology at the University of Haifa, and President of the International Association of Competition Law Scholars (ASCOLA). In it, Michal questions...
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Competition Stories: January & February 2021

Welcome to the Competition Stories – a bimonthly exploration of recent courts and competition law agencies’ decisions. Authored by Makis Komninos, a renowned expert in the field, this new column aims to go through the latest and most important developments in competition law of the last two months. We call them “stories” because Makis has promised to include some anecdotes from...
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New podcast: Stanford Computational Antitrust

I am thrilled to be introducing our new podcast. 🎙 Link: https://taplink.cc/stanfordcomputationalantitrust The Stanford Computational Antitrust podcast explores how computational tools impact antitrust analyses and procedures. Our first episode is already available on Apple Podcasts, Spotify, Stitcher, and YouTube! Another one is coming later this week…
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A. Douglas Melamed (guest article): “Acquisitions of Nascent Competitors under Section 2 of the Sherman Act”

Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021. The one for February is authored by A. Douglas Melamed, Professor of the Practice of Law at Stanford University. In it, Doug explains that the (multiple) acquisitions of nascent competitors by monopolists might violate Section 2. He goes...
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Competing with new combinations: the case of DALL·E

Introducing DALL·E In early January 2021, OpenAI introduced DALL·E, a trained neural network “that creates images from text captions for a wide range of concepts expressible in natural language.” DALL·E is a real technological breakthrough, “a 12-billion parameter version of GPT-3 trained to generate images from text descriptions, using a dataset of text-image pairs. […] It has...
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Pablo Ibáñez Colomo (guest article): “Be Careful What You Wish For”

Dear readers, In 2020, I started publishing monthly guest articles written by some of the world’s most renowned antitrust scholars. The series continues in 2021. The one for January is authored by Pablo Ibáñez Colomo, Chair in Law at the London School of Economics and Visiting Professor of Law at the College of Europe. In it, Pablo explains why discretion to fine-tune digital markets...
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“Computational Antitrust”

I am pleased to be introducing the Computational Antitrust project at Stanford University’s CodeX Center (visit the website). The project gathers over 40 antitrust agencies and 30 scholars. Ambition Computational law is a branch of legal informatics concerned with the mechanization of legal analysis (whether done by humans or machines). Deriving from it, the “Computational Antitrust” project at...
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The world’s most downloaded antitrust articles of 2020

As in previous years (see 2015, 2016, 2017, 2018, and 2019), here are the world’s most downloaded antitrust and competition law articles of 2020 on SSRN. ************ 1. Blockchain Code as Antitrust by Thibault Schrepel & Vitalik Buterin Berkeley Technology Law Journal (2.783 downloads) In this article, the authors show that blockchain can help in reaching the goals of antitrust...
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Competition Stories: November & December 2020

Welcome to the Competition Stories – a bimonthly exploration of recent courts and competition law agencies’ decisions. Authored by Makis Komninos, a renowned expert in the field, this new column aims to go through the latest and most important developments in competition law of the last two months. We call them “stories” because Makis has promised to include some anecdotes from...
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Joshua D. Wright & Alexander Krzepicki (guest article): “Rethinking Foreclosure Analysis in Antitrust Law: From Standard Stations to Google”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month of the year 2020. The one for December is authored by Joshua D. Wright, University Professor at George Mason University, and Alexander Krzepicki, J.D. student at George Mason Law School. In it, Josh and Alexander revisit the concept of foreclosure and apply their...
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