Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Luc Soete, Dean of Brussels School of Governance, Free University of Brussels (VUB) and Emeritus Professor, Maastricht University, and Sven Van Kerckhoven, Vice-Dean, of Brussels School of Governance and Research Professor European Economic Governance, Free University of Brussels (VUB). ****...Read More
Welcome to Crane’s Cartel, a trimonthly series where University of Michigan law professor Daniel Crane engages in hard-core mind-fixing. **** On July 19, the FTC and DOJ released the draft Merger Guidelines for public comment. Among the many headlines is the displacement by case law of formal economic analysis that had characterized former guidelines. The draft...Read More
I will start with the standard neoclassical economics that I was brought up on. It is very much based on mathematics, and to make the mathematics work we are forced to make many simplifying assumptions. In nearly all models that we look at with standard neoclassical economics we are using equation-based mathematics, and we tend...Read More
There is little doubt that all of the sectors where Competition Policy is commonly enforced exhibit some dynamic characteristic, be it because of investments, innovation, network effects, switching costs or, more simply, entry and exit. Some of these features have long been incorporated into our standard approaches. However, a large number of academics, policy-makers or...Read More
Successful executives have a keen sense of the radical uncertainties they face. This recognition of uncertainty is what pushed them to invent self-consciously co-evolving communities of businesses. By creating self-conscious communities, a group of business leaders could make a kind of shared island of strategic cooperation. (...)Read More
Given recent developments in the digital space, one could be forgiven to think that regulators have embarked on an extensive exercise of platform design targeting the largest players in online services. Regulatory provisions in the EU and many of the remedial actions from competition investigations are limiting the ability of large platforms to operate as...Read More
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 supply. More generally, ‘open early, closed late’ encompasses broader forms of consumer exploitation, like when Netflix,...Read More
This brief contribution will focus on three aspects of the topic we are supposed to address. Firstly, I’ll try to provide a tentative definition of dynamic industries/markets, identifying their main characteristics. Secondly, I’ll emphasize the main challenges raised by dynamic industries for market definition and, hence, for the assessment of market power. Finally, I’ll provide...Read More
Examining regulatory responses to technological advancements reveals a recurring pattern. Technological innovation often paves the way for widespread commercialization and adoption. Yet, in some instances, the large-scale implementation of a technology unveils unforeseen drawbacks that cannot be predicted or thoroughly tested in controlled lab environments. As time progresses, the negative effects of these technologies become...Read More
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 for one another. All too often, we tend to think of dynamic competition...Read More
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. Because higher level of market concentration may reflect greater firm market power, this has fuelled concern that competition...Read More
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 experience, as well as by the realisation that some issues related to features of the digital economy were of...Read More
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 importantly, the domain within which such conduct is assessed. It imposes a list of obligations on firms operating large digital platforms, the so-called “gatekeepers,” to...Read More
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 development. Schumpeter emphasized the importance of entrepreneurs, the creation of new products, new production technologies, and new business models (as forms of...Read More
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. We further argue that merger policy should not only consider post-merger effects on innovation, but also its ex-ante impact on pre-merger innovation. While...Read More
