Antitrust Law
256 publications.
Publications
Newest first, page 3 of 7- 19 July 2023
Platforms’ Treacherous Turn
Friso Bostoen and Nicolas Petit
The ‘open early, closed late’ strategy is taking a heavy toll on consumers in the digital economy. The pure case of ‘open early, closed late’ occurs when a digital platform imposes prices after a period of free and unlimited…
- 18 July 2023
Market Definition And Market Power Evaluation In Dynamic Industries
This brief contribution will focus on three aspects of dynamic competition. Firstly, I’ll try to provide a tentative definition of dynamic industries/markets, identifying their main characteristics.
Markets in motionWhat is antitrust for?Economists at the bar
- 17 July 2023
Rethinking Regulation for Dynamic Digital Ecosystems
Examining regulatory responses to technological advancements reveals a recurring pattern. Technological innovation often paves the way for widespread commercialization and adoption.
Machines in the marketMarkets in motionGuarding the gatekeepers
- 14 July 2023
Ecosystems and Managers
This session is about ecosystems and managers. One can interpret that in many ways. I want to interpret it in a way that is not perhaps what the organizers had in mind: I want to argue that ecosystems and managers are substitutes…
- 13 July 2023
A Rising Trend in Market Concentration: Myth or Reality?
Benoît Durand and Apolline Jaoui
Over the last couple of years, a “new conventional wisdom” (Shapiro, 2018) has emerged: there is evidence of a widespread increase in market concentration in both the U.S. and the EU economies over the last few decades.
- 12 July 2023
The EU Digital Markets Act: A One-of-a-kind Regulation
Sometimes, to understand where we are, we must first understand where we came from. The Digital Markets Act (“DMA”) is the outcome of a long reflection process that was informed by the Commission’s own antitrust enforcement…
- 11 July 2023
The EU Digital Markets Act: It Is Not About Markets But Ecosystem Failures!
The Digital Markets Act (DMA) represents a new institutional framework redefining the principles of what constitutes anticompetitive behaviour and abuse of advantageous position in the digital economy, and perhaps more…
- 10 July 2023
Dynamic Competition, Digital Ecosystems, and Competition Policy
The current digital transformation can be understood as a Schumpeterian revolution of the entire economy and society through an ongoing process of innovation and technological change as the most important driver of economic…
Machines in the marketMarkets in motionGuarding the gatekeepers
- 7 July 2023
Big Tech Acquisitions and Innovation Incentives
Raphaël De Coninck and Christoph von Muellern
In this note, which partly draws on discussions and papers presented at the inaugural DCI conference, we argue that merger policy in the tech sector must be based on solid empirical evidence.
Killers and keepersMarkets in motionGuarding the gatekeepers
- 6 July 2023
Big-Tech Acquisitions and Venture Capital Funding for Start-ups
Johannes M. Bauer and Tiago S. Prado
Start-up acquisitions by larger technology firms, including by “big techs” such as Google, Amazon, Apple, Facebook, and Microsoft, were long regarded as an integral part of innovation in fast-paced, high-technology sectors.
Killers and keepersMarkets in motionGuarding the gatekeepers
- 5 July 2023
The UK Facebook/Giphy Case: Taking Dynamic Competition Seriously
There are some frequently mentioned statistics about the number of acquisitions carried out by the large digital platforms and, in particular, about the lack of merger control intervention.
Killers and keepersMarkets in motionGuarding the gatekeepers
- 4 July 2023
Frameworks for Dynamic Competition
Gabriele Corbetta and Joe Perkins
Concerns around dynamic competition are increasingly featuring in merger control, particularly in the UK. Such concerns have been an important factor in the CMA’s decisions to prohibit the mergers between Microsoft and Activision…
- 3 July 2023
Dynamic Challenges to Market Definition and Market Power Evaluation in Antitrust Cases: The Long Road Ahead
Dynamic competition is the new kid on the block. It seeks to redirect the focus of competition policy towards innovation, value creation and economic change. Dynamism is indeed at the heart of competition. What’s not to like?
- 30 June 2023
Dynamic Competition, Organizational Capabilities, and M&A: A Short Synopsis
Competition increases when rivalry incentivizes firms to adopt more “efficient” practices. However, performing a fixed set of activities more efficiently only facilitates “static” competition.
- 5 June 2023
The Limits of Antitrust Remedies: Brunswick v. Pueblo Bowl-O-Mat for the FTC
James C. Cooper and Bruce H. Kobayashi
For over four decades, the FTC successfully obtained equitable monetary remedies in federal courts using Section 13b of the Federal Trade Commission (FTC) Act, until it didn’t.
- 17 May 2023
The Expected Impact of “Great Power Competition” on Antitrust Policy
Yogi Berra once said, “[i]t’s tough to make predictions, especially about the future.” He also said, “[y]ou can observe a lot by watching.”
- 4 May 2023
Looking at More Evidence in Antitrust
Competition policy builds on a simple idea. If much more business flows to those who offer better deals, as it does in markets that we call competitive, then society is significantly immunized from any actor’s incompetence or…
- 24 April 2023
Antimonopolism as a Misunderstanding of Power
There are two men alone in a room. One has a pile of cash. The other has a gun. Who is in control? Most people would say: the man with the gun. Antimonopolists say: the man with the cash.
- 17 April 2023
Competition Stories July – September 2022
With much delay, in part due to my workload, I am back. This time my “stories” cover three months: July, August, and September 2022. In no other period have the EU Courts been as active in competition law, notwithstanding the…
- 13 April 2023
Innovation in European Antitrust Law
This short article serves as an introduction to Thibault Schrepel’s latest working paper, “A Systematic Content Analysis of Innovation in European Competition Law” (open-access)…
- 27 March 2023
A “Proof of Vigilance” for Antitrust Constitutional Moment
This short contribution seeks to propose the implementation of a “Proof of Vigilance” to meet the challenges of antitrust constitutional moment.
- 3 March 2023
A Conversation with Vernon Smith on Complexity Theory, Adam Smith, Web3, and More
The following transcript has been lightly edited.
- 28 February 2023
Reviving the Robinson-Patman Act
The Robinson-Patman Act was enacted in 1936 amid New Deal fervor against the power of chain stores, particularly the hegemonic Great Atlantic and Pacific Tea Company (“A&P”).
- 15 February 2023
Regulating Big Tech: Factual Foundations and Policy Goals
Over the past several years, we have witnessed a vigorous push to regulate the Big Tech companies, especially Amazon, Apple, Facebook and Google.
- 27 January 2023
Tech Podcasts for Social Scientists
The number of lists documenting the best tech podcasts is almost infinite. This list is specifically designed for social scientists – lawyers, economists, political scientists, complexity theorists, etc. I hope it helps.
- 10 January 2023
Big Tech and Web3
This short article serves as an introduction to Thibault Schrepel’s latest working paper, “The Complex Relationship Between Web2 Giants and Web3 Projects” (open-access)…
- 3 January 2023
The world’s most downloaded antitrust articles of 2022
Network Law Review
As in previous years (see 2015, 2016, 2017, 2018, 2019, 2020, and 2021), here are the world’s most downloaded antitrust and competition law articles posted on SSRN during the course of 2022.
- 19 December 2022
VIDEOS: Computational Antitrust, Implementing Antitrust 3.0
I am pleased to be sharing 12 videos discussing how to implement computational antitrust, the challenges, and potential the field creates.
- 15 December 2022
The Constitutional Moment That Wasn’t: 1912-1914 and the Meaning of the Sherman Act
The Curse of Bigness sketches Tim Wu’s NeoBrandeisian vision. Wu invokes Learned Hand’s assertion that Congress preferred, “because of its indirect social or moral effect”, a “system of small producers, each dependent for his…
- 12 December 2022
Social Media vs. Social Network: Implications For Antitrust Law
The recently published Digital Markets Act (Regulation 2022/1925) applies to gatekeepers providing a “core platform service.” “[O]nline social networking services” are listed as one of these services (article 2); social media…
- 2 December 2022
The USA’s Midterm Elections and Antitrust
For those observing American politics from abroad, the headline from the 2022 midterm elections was that the predicted “red wave” did not happen.
- 15 November 2022
Parker v. Brown, Legislative Immunity, and Anticompetitive State Regulation
William H. Page and John E. Lopatka
In a recent article, we examine the relationship between the state action (or Parker v. Brown) antitrust immunity and Eleventh Amendment constitutional immunity, two doctrines that in certain cases shelter state governmental…
- 11 November 2022
Stanford CodeX Computational Antitrust 2nd annual conference
I am thrilled to announce the 2nd edition of the Stanford CodeX Computational Antitrust Project annual conference. We have a fantastic lineup of speakers waiting for you to discuss antitrust 3.0.
- 7 November 2022
The Effect of Venture Funding on Killer Acquisitions
The subject of killer acquisitions is capturing the ever-increasing attention of antitrust scholars and agencies. Several reasons explain this trend.
- 3 November 2022
How Do Vertical Mergers Affect Innovation? Learning from Illumina
Illumina is significant because it illustrates emerging Antitrust law and policy toward vertical mergers. The Federal Trade Commission (FTC) sought to block Illumina’s proposed acquisition of Grail.
- 27 October 2022
Thomas W. Hazlett: The FTC’s Rendition of the “Cellophane Fallacy”
In the pending case of FTC v. Facebook, the Government alleges price increases for the “free” service. In this zero-price offering, the FTC argues that effective prices have been increased by Facebook by relaxing rules that…
- 12 October 2022
The Antitrust API
Computational antitrust promises not only to help antitrust agencies preside over increasingly complex and dynamic markets, but also to provide companies with the tools to assess and enforce compliance with antitrust laws.
- 23 September 2022
Response to Professor Jonathan B. Baker On The Competitive Process Goal
I read with interest the essay of Professor Jonathan Baker, A Competitive Process Goal Won’t Strengthen Antitrust. The essay catalogues the dangers and pitfalls of using “protection of the competitive process” as the standard for…
- 21 September 2022
Calling For a New Theory of Dynamic Competition
Once upon a time, companies like Google, Apple, and Meta were praised for their success. But the fairy tale has come to an end. Policymakers from all over the world are designing new regulations to complement antitrust agencies’…
- 15 September 2022
How to make sensible merger policies?
Merger policy is a topic of heated debate. At times, the rhetoric on both sides seems exaggerated. Some claim that, partially due to lax merger policy, industry concentration in the U.S. has dramatically increased, creating…