Category

Antitrust Law

The first case of “blockchain antitrust”: Gallagher v. Bitcointalk.org

We often talk about “history books” as if such things still existed, or mattered. Oh well, for what it’s worth, let me discuss the first (U.S.) case of blockchain antitrust. We long thought United American Corp. v. Bitmain was the one (read). In this case (filed in December 2018), United American Corp. acted against various firms (including those of prominent...
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NEW ARTICLE: “Blockchain Code as Antitrust” (co-authored with Vitalik Buterin)

I am absolutely delighted to let you know about the publication of a new article I co-authored with Vitalik Buterin (co-founder of the Ethereum): “Blockchain Code as Antitrust“. It starts from the following premise: the rule of law does not govern all human interactions. Against this background, one may want to rely on other means to increase...
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Richard Whish (guest article): “Do Competition Lawyers Harm Welfare?”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars every month of the year 2020. The one for May is authored by Richard Whish, Emeritus Professor at King’s College London. In it, Richard explores whether competition lawyers harm welfare, exposing in turn different stratagems and asking who they benefit. I am confident that...
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Libra: A Concentrate of “Blockchain Antitrust”

Blockchain antitrust is a fascinating subject. The number of cases is rising (I will discuss that shortly), and antitrust agencies are slowly but surely starting to devote resources to the topic. With that in mind, I am delighted to publish my latest article entitled Libra: A Concentrate of “Blockchain Antitrust”. This is a short one (10 pages) dealing with a...
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Eleanor Fox (guest article): “POWER: Trust and Distrust”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars every month of the year 2020. The one for April is authored by Eleanor M. Fox, the Walter J. Derenberg Professor of Trade Regulation at New York University School of Law. In it, Eleanor explores how antitrust and other instruments have been...
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William Kovacic (guest article): “Roads Not Taken: The Federal Trade Commission and Google”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars every month of the year 2020. The one for March is authored by William E. Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School; Visiting Professor, Dickson Poon School of Law, King’s College London; Non-executive...
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The “Theory of Granularity” in videos

Dear readers, these past few weeks, I have been publishing videos in which I presented and explained the “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems” (freely accessible on SSRN). This post puts them all in one place. Thank you for watching. Thibault. *** Video #1: Understanding the theory of the firm as used...
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Video #4: A path for antitrust in blockchain ecosystems

Dear readers, here’s the fourth and final video of the series dealing with “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems” (freely accessible on SSRN). I previously showed that antitrust law is based on Ronald Coase’s theory of the firm, that public blockchains escape that theory, and that, accordingly, a new theory is needed. I now want...
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Daniel Crane (guest article): Democracy and Monopoly in Governments, Markets, and Firms

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles authored by some of the world’s most renowned antitrust scholars every month of the year 2020. The one for February has been written by Daniel A. Crane, Frederick Paul Furth Sr. Professor of Law at the University of Michigan, and it explores the topic of “Democracy and Monopoly in...
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The subject of “predatory innovation” in the Google hearing (T-621/17)

The background story It all started on Wednesday, February 12, 2020. ALL? The (first) Google hearing, of course. It has been a long wait, but hopefully worth it. Previously on the Google Saga, the European Commission has announced the decision (in June 2017), has published it (in December of the same year), and ever since, has fined Google two more times. An...
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Blockchain-based collusion, NOT algorithmic collusion

I am pleased that my article entitled “The Fundamental Unimportance of Algorithmic Collusion for Antitrust Law” as just been published at the Harvard Journal of Law and Technology website. Here’s the introduction: Antitrust and competition law is subject to increasing polarization, especially regarding Internet giants. Some scholars argue that the tech giants abuse their dominant positions,...
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Video #3: What is the theory of granularity?

Dear readers, following a first video (link) in which I exposed the theory of the firm as used in antitrust law, and a second one (link) in which I explained that, by escaping that theory, public blockchains escape antitrust law, I am pleased to publish a third video today. In it, I explain what the theory of granularity is. It will serve...
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Video #2: Why public blockchains escape antitrust law

Dear readers, following last week’s video (link) in which I exposed the theory of the firm as used in antitrust law, I am discussing today the reason, by escaping that theory, public blockchains escape antitrust law. Again, for more information, you may read my article entitled “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems“(freely accessible on SSRN)....
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Video #1: Understanding the theory of the firm as used in antitrust law

Dear readers, I am pleased to introduce a new series of videos in which I will discuss the main ideas developed in my recent article entitled “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems“(freely accessible on SSRN). Here’s video #1, dealing with the theory of the firm. Thanks for watching. 
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Herbert Hovenkamp (guest article): On The Meaning of Antitrust’s Consumer Welfare Principle

Dear readers, I am incredibly happy and honored to introduce a new series in which, every month of the year 2020, I will publish guest articles written by several of the world’s most renowned antitrust scholars. These posts are covering topics of their choice, the only constraint being that the writing must be original, and adopt a more relaxed tone than...
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