“Neo-Brandeisian” scholars contend that prevailing antitrust law fails to protect democratic values. They propose (1) to replace antitrust’s consumer welfare standard with a multi-goaled approach and (2) to embrace ex ante conduct rules over ex post liability standards. In tandem, those policies undermine Neo-Brandeisianism’s raison d’être, the promotion of democracy.Read More
AI agents lie at the frontier of the evolving AI economy, functioning as applications that autonomously execute tasks on users' behalf. While contemporary discourse on market concentration in AI ecosystems predominantly focuses on data access asymmetries, this paper examines the susceptibility of AI agent markets to tipping. We posit that traditional network effects pose a...Read More
There were a number of decisions from January through March 2025 including: (1) a motion to dismiss decision in the Apple iCloud case involving issues such as “negative tying” arrangements, single-brand aftermarkets, and statute of limitations; (2) the FTC’s loss in the vertical merger of Tempur Sealy/Mattress Firm; and (3) the Ninth Circuit’s decision rejecting...Read More
This overview highlights the Brazilian competition authority's investigations into issues related to human resources– CADE launched two new investigations in late 2024– as well as some of the key takeaways from the OECD’s Latin American and Caribbean Competition Forum–which covered fintech and open banking, the use of interim measures, and ex officio cartel investigations. Lastly,...Read More
Most areas of law enforcement require investigative tools to provide evidence of violations and harm. Antitrust law’s single-minded focus on prices, output, and innovation explains its selection of economic tools. These tools were pro-enforcement and were embraced consistently by the Supreme Court, including proponents of scientific evidence such as Justice Brandeis.Read More
Teresa Ribera assumed the role of EU Commissioner for Competition just a couple of weeks ago on December 1, 2024. As a new chapter in EU competition law begins, Janneke Parrish and I present an empirical analysis of Margrethe Vestager’s two mandates.[1] Our objectives are twofold: (1) to provide access to data for the (newly)...Read More
The article reviews and evaluates results from several recently published industry studies that evaluate the evolution of market power over long time horizons. Evaluated collectively, the studies point to technological advances as being a primary driver of changing markups, concentration, and prices. They also highlight the role of industry heterogeneity, as the specific implications of...Read More
The year 2024 marked a pivotal moment as antitrust agencies accelerated their efforts in generative AI (see our database). AI partnerships have drawn significant attention in the space, with the CMA, DOJ, European Commission, and other agencies launching investigations and issuing their first decisions. These agencies have been addressing AI partnerships on a case-by-case basis—a...Read More
Welcome to the Antitrust Antidote—a quarterly publication analyzing U.S. antitrust decisions from legal and economic perspectives. Authored by former Federal Trade Commission (FTC) enforcer Koren W. Wong-Ervin with former FTC economist co-authors Jeremy Sandford and Nathan Wilson, alternating each quarter. The title of this series, “Antitrust Antidote,” while mostly meant to be humorous (perhaps limited...Read More
There is little consensus in the antitrust circles. Nonetheless, one of the fundamental points of agreement is that innovation fosters economic growth—hence competition policy should be targeted towards preserving, promoting, and encouraging innovation. Unsurprisingly, much has been written on the topic: a Google Scholar search for the the terms "antitrust" and "innovation" gives more than...Read More
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Axel Gautier, Professor at the Department of Economics of HEC Liege, University of Liège. *** Over the last two decades, the largest digital platforms have experienced incredible growth, reaching millions of users, developing many new products and technologies, and...Read More
Welcome to “Tech Monopoly,” a series where University of Pennsylvania Carey Law School professor Herbert Hovenkamp engages with pressing issues in antitrust policy, with a focus on technology and problems of market dominance. Professor Hovenkamp gives particular attention to identifying markets and situations where antitrust can be beneficial, and the kinds of antitrust remedies that...Read More
Welcome to the Antitrust Antidote—a quarterly publication analyzing U.S. antitrust decisions from legal and economic perspectives. Authored by former Federal Trade Commission (FTC) enforcer Koren W. Wong-Ervin with former FTC economist co-authors Jeremy Sandford and Nathan Wilson, alternating each quarter. The title of this series, “Antitrust Antidote,” while mostly meant to be humorous (perhaps limited...Read More
Welcome to the Latin Antitrust Chronicles – a series covering some of the most relevant developments in competition law in the region. Our comprehensive coverage will include decisions by authorities as well as relevant bills, advocacy efforts, and other initiatives pertinent to the debate. Our contributors alternating each quarter include Marcela Mattiuzzo, former Advisor and...Read More
