Category

Antitrust Law

A Database of Antitrust Initiatives Targeting Generative AI

Antitrust agencies are increasingly interested in generative AI. This can be good news. As Sandy Pentland and I wrote last year (here), the competitive dynamics in this space can be supported by a careful antitrust agenda. While the AI Act should be improved if the EU wants innovation to flourish (see this article), enforcement actions...
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Situating Dynamic Competition: A Reenactment of Chicagoan Antitrust

Dynamic competition defines an improvement path for antitrust law. At a high level, the dynamic competition approach appears to some as a twenty-first-century equivalent of the Chicago School of Antitrust. A recent article we co-authored shows that the analogy is only partially correct. Unlike the Chicago School of antitrust law, the dynamic competition scholarship is...
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Competition Stories: October 2022 – June 2023

Welcome to the Competition Stories – an exploration of recent courts and competition law agencies’ decisions. Authored by Makis Komninos, a renowned expert in the field. This column aims to go through the latest and most important developments in competition law in recent months. We call them “stories” because Makis has promised to include some anecdotes from time to time,...
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The world’s most downloaded antitrust articles of 2023

As for previous years, here are the world’s most downloaded antitrust and competition law articles posted on SSRN during the course of 2023.
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Jason Potts: “Future Markets and the Social Discount Rate: A New Approach to Dynamic Competition Policy”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Jason Potts, Distinguished Professor of Economics at RMIT University in Melbourne and Co-director of the Blockchain Innovation Hub at RMIT * This essay is the result of an ongoing discussion with Nicolas Petit, Joint Chair in Competition Law at...
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Marina Lao: “FTC Rulemaking on Noncompetes”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Marina Lao, Edward S. Hendrickson Professor of Law at Seton Hall University School of Law. **** In early 2023, the U.S. Federal Trade Commission (FTC) proposed a rule that would ban virtually all noncompete clauses as “unfair methods of...
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Vincent Martenet: “Separation of Powers and Antitrust”

The separation of powers principle and antitrust both relate to power and, notably, deal with the concentration of power. However, they are usually conceptualized, analyzed, and promoted separately. Separation of powers primarily refers to the branches of government or the main functions of the state and, in this respect, to public or state power or...
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What competition experts should know about the AI Act

This short article serves as an introduction to Thibault Schrepel’s latest working paper, “Decoding the AI Act: A Critical Guide for Competition Experts” (open-access) *** Europe is experiencing a legislative frenzy. In recent months, European institutions have adopted or debated the Digital Markets Act (“DMA”), the Digital Services Act (“DSA”), the Data Act, the Data...
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Complexity Science for Antitrust Lawyers

This short article serves as an introduction to Thibault Schrepel’s latest working paper, “Being an Arthurian: Complexity Economics, Law, and Science” (open-access) *** Complexity science provides a general framework for approaching all fields of science. Unlike other scientific methods, complexity looks at how multiple interactions between agents (be they humans, insects, animals, companies, etc.) create a...
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Justin (Gus) Hurwitz: “A Bad Merger of Process and Substance: Changing the Merger Guidelines and Premerger Review Form”

On June 27, 2023, the Federal Trade Commission (“FTC”) announced proposed changes to Hart-Scott-Rodino Act (“HSR Act”) premerger notification form. Less than a month later, on July 19, the FTC and Department of Justice (“DOJ”) announced proposed changes to the agencies’ joint merger guidelines. These proceedings are closely related, both part of the Biden administration’s...
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Anu Bradford: “What is at Stake if Antitrust Regulation Fails?”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Anu Bradford, Henry L. Moses Professor of Law and International Organization at Columbia Law School. She recently published her new book Digital Empires: The Global Battle to Regulate Technology. **** Momentum for regulating Big Tech is growing across the world. The European Union...
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Luc Soete and Sven Van Kerckhoven: “Deglobalisation and competition policy: the challenge to European economic integration”

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). ****...
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Law over Economics in the 2023 Draft Merger Guidelines

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...
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W. Brian Arthur: “Some Background to Complexity Economics”

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...
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Pierre Régibeau: “Competition Policy Enforcement in a Dynamic World”

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...
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