Category

Antitrust Law

Blockchain-based collusion, NOT algorithmic collusion

I am pleased that my article entitled “The Fundamental Unimportance of Algorithmic Collusion for Antitrust Law” as just been published at the Harvard Journal of Law and Technology website. Here’s the introduction: Antitrust and competition law is subject to increasing polarization, especially regarding Internet giants. Some scholars argue that the tech giants abuse their dominant positions,...
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Video #3: What is the theory of granularity?

Dear readers, following a first video (link) in which I exposed the theory of the firm as used in antitrust law, and a second one (link) in which I explained that, by escaping that theory, public blockchains escape antitrust law, I am pleased to publish a third video today. In it, I explain what the theory of granularity is. It will serve...
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Video #2: Why public blockchains escape antitrust law

Dear readers, following last week’s video (link) in which I exposed the theory of the firm as used in antitrust law, I am discussing today the reason, by escaping that theory, public blockchains escape antitrust law. Again, for more information, you may read my article entitled “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems“(freely accessible on SSRN)....
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Video #1: Understanding the theory of the firm as used in antitrust law

Dear readers, I am pleased to introduce a new series of videos in which I will discuss the main ideas developed in my recent article entitled “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems“(freely accessible on SSRN). Here’s video #1, dealing with the theory of the firm. Thanks for watching. 
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Herbert Hovenkamp (guest article): On The Meaning of Antitrust’s Consumer Welfare Principle

Dear readers, I am incredibly happy and honored to introduce a new series in which, every month of the year 2020, I will publish guest articles written by several of the world’s most renowned antitrust scholars. These posts are covering topics of their choice, the only constraint being that the writing must be original, and adopt a more relaxed tone than...
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NEW ARTICLE: “The Theory of Granularity”: Blockchain & Antitrust

Dear friends, Following months of (d̶o̶u̶b̶t̶s̶ ̶a̶n̶d̶ ̶b̶u̶s̶t̶i̶n̶g̶ ̶m̶y̶ ̶h̶e̶a̶d̶) research, I am very pleased to share my latest article: “The Theory of Granularity: A Path for Antitrust in Blockchain Ecosystems“. In this article, I ask the following question: how to apply antitrust law, whose case law is almost entirely based on analyzing firms’ practices,...
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The world’s most downloaded antitrust articles of 2019

As in previous years (see 2015, 2016, 2017, and 2018), here are the world’s most downloaded antitrust articles of 2019 on SSRN. ************ 1. Collusion by Blockchain and Smart Contracts by Thibault Schrepel Harvard Journal of Law and Technology (3.473 downloads) Blockchain may transform transactions the same way Internet altered the dissemination and nature of information. If that were...
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Most data doesn’t pre-exist = it can’t be used for payment or exchange

This post is a response to John’s response to my post entitled “Why you are not paying with your data” (that’s confusing!). I am publishing it on December 27th to make sure that John is away and can’t criticize it further (< machiavellian laughter >). To be fair, John has already received these comments, and in any...
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Repeal Continental Can

In a world in which competition agencies would always rely on empirical evidence, I would be teaching the following to my students: when agencies investigate potential abuses of dominant positions, they are required to show (1) a dominant position, (2) an abuse and (3) a link (causation) between the alleged dominant position and the alleged abuse....
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Why you are not paying with your data

Conferences are full of buzz words and gimmicks. In 2019, two of them are trending: “data is the new oil”, and… “you are paying with your data”. The first has been debunked by my friend Alec Stapp, see here. Let me now discuss the second one by asking you a few questions. Would you say that… you...
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Dynamic Competition and Online Platforms: join us in Paris on Dec. 4, 2019

I am delighted to announce that registrations for the conference co-organized by the University of Utrecht School of Law and the International Center for Law & Economics (ICLE) are now open. This conference entitled Dynamic Competition and Online Platforms: Evaluating Recent Government Reports will be held in Paris on December 4 and will have for focus to examine the merits and drawbacks of the spate...
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Retooling antitrust law for digital markets

I was recently invited by Concurrences (thank you!) at the French Parliament to assess the need to retool antitrust law for digital issues. We had a very nice exchange among the panel that I would like to thank for opening up many new avenues of research. I also very much enjoyed the format – a real discussion...
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A conversation with Vernon L. Smith

I am very pleased to add one Nobel laureate to my “Antitrust Conversations”: Vernon L. Smith. Vernon has been awarded the Nobel Prize in Economics in 2002 for “having established laboratory experiments as a tool in empirical economic analysis, especially in the study of alternative market mechanisms.” According to the Nobel Committee, he has “laid...
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Competition law academics’ favourite articles

I asked European academics (and friends) specializing in competition law to send me the list of their three favourite articles ever written in the field, and to explain their choice. It’s nothing easy (at all), but you’ll find their contributions right below. Thibault Schrepel @ProfSchrepel **** Thibault Schrepel (VU Amsterdam/Stanford University)   1. Friedrich A....
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Heuristic antitrust

In Thinking, Fast and Slow (2013), Daniel Kahneman (Nobel recipient, 2002) devotes a chapter to what he calls “heuristic questions.” See for yourself: “A remarkable aspect of your mental life is that you are rarely stumped. True, you occasionally face a question such as 17 × 24 = ? to which no answer comes immediately to mind,...
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