Firms’ principal motives for merging are not to increase market power, but rather to improve firm outcomes through changes in internal operations or structure. Of the 17000+ mergers that occur annually in the U.S., 90% or more have no expectation of an anticompetitive price increase or output reduction. They can profit only by better performance. As a result, the way that we analyze mergers puts the cart before the horse. Rather than using an efficiency “defense” to a prima facie...

ANTITRUST

DIGITAL LAW

COMPLEXITY SCIENCE

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Towards Efficient Data Sharing in Platform Markets

Platforms collect valuable data that they do not share. Welfare then suffers as information asymmetry produces market failures. Current proposals...

On Simple Competition Policy

In this article, Keith N. Hylton challenges the idea that simplicity in competition policy can be achieved through rigid statutory...

Harnessing the transformative benefits of AI to maximize competition, innovation and competitiveness

Artificial Intelligence (“AI”) has transformative economic potential across all sectors. This article explores how to harness AI’s potential while maintaining...

Antitrust In the Digital Era: A Contextual and Fact-Based Approach

European antitrust policy, designed for the industrial era, is inadequate for digital markets driven by innovation and differentiation. Against this...

Brazilian Merger Policy in Digital Markets: What Can We Expect in 2025?

This article analyzes Brazil's approach to digital market mergers, examining 2024 Ministry of Finance proposals to reform competition policy. Despite...

Ecosystems in Competition Law: A U.S. Perspective

Christopher S. Yoo argues that ecosystem-based theories have had limited impact on U.S. antitrust law due to conceptual vagueness and...

A New Paradigm for Antitrust in the Digital Sector

This article examines why traditional antitrust approaches fail to address digital market power effectively. Analyzing U.S. enforcement data from 1995-2023,...

Dynamic Capabilities and EC Merger Control: A Difficult Match?

This paper examines the proposed use of “dynamic capabilities” analysis in European merger control as authorities increasingly focus on innovation...

Merger Enforcement in the High-Tech Economy: The Role for a Dynamic Capabilities Framework

This article examines whether merger enforcement in high-technology industries has systematically failed to account for innovation effects and assesses the...

EU Competition Law

By Makis Komninos

TECH MONOPOLY

BY HERBERT HOVENKAMP

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Crane's Cartel

By Daniel Crane

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By Catalina Goanta

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