Category

Antitrust Law

A New Measure For GenAI Competition

This short article serves as an introduction to the working paper by Thibault Schrepel and Jason Pott entitled “Measuring the Openness of AI Foundation Models: Competition and Policy Implications” *** Antitrust agencies are showing a strong interest in AI foundation models and Generative AI (“GenAI”) applications. They want to ensure that the AI ecosystem remains...
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Antitrust Usage and the Secret Handshake

Welcome to Crane’s Cartel, a trimonthly series where University of Michigan law professor Daniel Crane engages in hard-core mind-fixing. **** I was recently proofing edits to a law review article when I noticed that the editors had made a global change to decapitalize “school” in “Chicago School.” I asked to change it back to Chicago...
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Herbert Hovenkamp: “Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Herbert Hovenkamp, James B. Dinan University Professor at UPenn Carey Law School and the Wharton School. *** Aside from naked restraints such as price-fixing, antitrust offenses require proof of the defendant’s market power, or ability to profit by raising price...
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The Apple Music Streaming Case: The Good, The Bad, and The Ugly

On March 4, 2024, the European Commission fined Apple €1.84 billion “over abusive App store rules for music streaming providers”. In particular, the Commission was concerned about the anti-steering provisions that Apple imposed on these providers. Although the full decision has not yet been published (I am told it could be a matter of months),...
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Introducing the “Scaling Theory” podcast

The Network Law Review is proud to support the “Scaling Theory” podcast created by Dr. Thibault Schrepel, LL.M. and available on your favorite platforms (Spotify, Apple, YouTube). The podcast is dedicated to exploring the power laws behind the growth of businesses, technologies, legal systems, and living systems. It will feature scholarly discussions with select guests...
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Privacy or Antitrust First? Answering with Agent-Based Modeling

Legal scholars have long been interested in predicting the effects of new rules and standards. They have focused very little on the timing of regulation. In a recent working paper co-authored with John Schuler, we explore how agent-based modeling can help. Agent-based modeling (“ABM”), as we explain, is a computer simulation with unique agents that...
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Antitrust Antidote: December 2023-February 2024

Welcome to the Antitrust Antidote—a quarterly publication analyzing significant 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 to...
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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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