Antitrust Law
255 publications.
Publications
Newest first, page 2 of 7- 7 October 2024
Latin Antitrust Chronicles: July – September 2024
Marcela Mattiuzzo, Carlos Ragazzo and Bruna Cataldo
Automotive Cartel Investigation: CADE Focuses on Exchange of Sensitive Information Facts CADE is currently investigating prominent automakers–Audi AG, BMW AG, Porsche AG, Mercedes-Benz Group AG, and Volkswagen AG– who are accused…
- 2 October 2024
New Insights into the Evolution of Judicial Standards in U.S. Merger Cases
Monday-morning assessments of merger trial outcomes are a frequent occurrence. Proponents of a particular merger that gets successfully blocked in court often contend that the ruling reflects a judiciary that has become…
- 24 September 2024
Memes and Myths of Antitrust
A meme is a useful cognitive device: it compresses complex information into a simple structure for easy transmission from person to person. But compression implies a loss of detail and nuance.
- 18 September 2024
Competition Law Without Policy (and Competition Policy Without Law)
Reading the judgment of the European Court of Justice in the Google Shopping case made me sad. My main objection to the judgment has nothing to do with the merits of the decision, but rather with the form of the written judgment…
- 11 September 2024
Antitrust and Digital Refusals to Deal
Early in 2024 the United States Department of Justice accused Apple of monopolizing a market for “performance smartphones” by refusing to share features that have placed the iPhone in the performance category.
- 30 August 2024
“J’accuse!” – Four Deadly Sins of the Commission’s Draft Guidelines on Exclusionary Abuses
Just as we were ready to go on our summer holidays, or even after some of us had already left, the Commission published its draft Guidelines on exclusionary abuses (you can find them here in all official languages).
- 24 July 2024
The Long Future of the Neo-Brandeisian Movement, in Three Parts
The neo-Brandeisian movement is frequently misunderstood as a modern movement, and although there are good reasons to associate it with the profound legacy of Justice Louis Brandeis, its roots lie in ancient understandings of the…
- 18 July 2024
Neo-Brandeis and Antitrust: an Olive Branch for Consensus
The controversy surrounding the goals of US antitrust law is one of the most polarizing debates of contemporary times. This brief contribution reconciles the most compelling arguments and counterarguments that I have encountered…
- 9 July 2024
The Legacy of Neo-Brandeisianism: History or Footnote?
Dirk Auer and Lazar Radic
The movement that some call “neo-Brandeisianism,” after its putative inspiration in the works of the late U.S. Supreme Court Justice Louis Brandeis (others have less-charitably termed it “antitrust populism” or “hipster…
- 3 July 2024
The Multi-Purpose Approach and Article 102 TFEU
The increasing economic and social inequalities in Western countries, the emergence of digital ecosystems, and the challenges of climate change have brought to the forefront issues such as equitable wealth distribution, personal…
- 2 July 2024
Antimonopoly Antitrust Metrics
In his 1963 Philadelphia Bank merger opinion, Justice Brennan defended its approach as “fully consonant with economic theory.” “So complex an economic-legal problem as the substantiality of the effect of this merger” entailed…
- 27 June 2024
The Antitrust Revolution That Mostly Wasn’t and Probably Won’t Be
There can be little doubt that antitrust enforcers at the Department of Justice (DOJ) and Federal Trade Commission (FTC), who have adopted to various degrees the “neo-Brandeisian” (NB)—also known as “populist,” “political” or…
- 26 June 2024
The Impact of the Neo-Brandeis Movement on Antitrust: A Sceptical View
I am writing this contribution from the perspective of a European, more specifically Dutch, perspective as an academic and public antitrust practitioner.
- 24 June 2024
Latin Antitrust Chronicles: January-June 2024
Bruna Cataldo and Marcela Mattiuzzo
The Latin American competition debate has seen significant early developments this year. In this inaugural edition of the Latin Antitrust Chronicles, we will delve into key cases from Brazil and Mexico to provide insight into the…
- 5 June 2024
Antitrust Antidote: March-May 2024
Nathan Wilson and Koren W. Wong-Ervin
There were a number of decisions from April-May 2024, covering topics such as (1) the use of the SSNIP test in monopolization (as opposed to merger) cases, which raises the issue of the proper benchmark for the competitive price…
- 20 May 2024
A New Measure For GenAI Competition
This short article serves as an introduction to the working paper by Thibault Schrepel and Jason Potts entitled “Measuring the Openness of AI Foundation Models: Competition and Policy Implications”
- 16 April 2024
Antitrust Usage and the Secret Handshake
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 School.
- 4 April 2024
Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe
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 above cost.
- 27 March 2024
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…
- 20 March 2024
Introducing the “Scaling Theory” podcast
Network Law Review
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).
- 14 March 2024
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.
Markets in motionGuarding the gatekeepersAntitrust, computed
- 1 March 2024
Antitrust Antidote: December 2023-February 2024
Jeremy Sandford and Koren W. Wong-Ervin
There were a number of significant developments from the end of 2023 through the beginning of 2024 covering important (and highly debated) topics, such as: (1) the role of contracting as an alternative to vertical integration…
- 23 January 2024
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, the competitive dynamics in this space can be supported by a careful antitrust agenda.
- 19 January 2024
Situating Dynamic Competition: A Reenactment of Chicagoan Antitrust
Nicolas Petit, Bowman Heiden and Thibault Schrepel
This short article serves as an introduction to the full-length version available on SSRN.
- 8 January 2024
Competition Stories: October 2022 – June 2023
My catching up with the backlog continues. This time my “stories” cover the period October 2022 to June 2023 – so nine months in total! The current survey has to be rather summary for some cases – I focus mostly on those cases…
- 3 January 2024
The world’s most downloaded antitrust articles of 2023
Network Law Review
As in previous years (see 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022), here are the world’s most downloaded antitrust and competition law articles posted on SSRN during the course of 2023.
- 14 December 2023
Future Markets and the Social Discount Rate: A New Approach to Dynamic Competition Policy
Modern competition (or antitrust) policy originated in the US in the late 1920s as a response to the emergence of large combinations of firms exploiting economies of scale against small businesses (e.g., farmers) and consumers.
- 7 November 2023
FTC Rulemaking on Noncompetes
In early 2023, the U.S. Federal Trade Commission (FTC) proposed a rule that would ban virtually all noncompete clauses as “unfair methods of competition” (UMC) under section 5 of the FTC Act.
- 2 November 2023
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.
- 23 October 2023
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)…
- 14 September 2023
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)…
- 11 September 2023
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.
- 6 September 2023
What is at Stake if Antitrust Regulation Fails?
Momentum for regulating Big Tech is growing across the world. The European Union has been leading this fight for the past decade, frequently leveraging its antitrust laws, data protection laws, and other regulatory instruments to…
- 30 August 2023
Deglobalisation and competition policy: the challenge to European economic integration
Luc Soete and Sven Van Kerckhoven
In March 2023, the European Commission (EC) announced it would relax its state aid rules so that its Member States would have more leeway to co-invest with private actors in projects that further the green transition and…
- 2 August 2023
Law over Economics in the 2023 Draft Merger Guidelines
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.
- 25 July 2023
Some Background to Complexity Economics
Brian Arthur: I’m delighted to be here, even if it is pretty early in the morning here in California. What I want to tell you is my version of what I think complexity economics is about.
- 24 July 2023
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…
- 21 July 2023
Navigating the Death of Competition: The Emergence of Business Ecosystems and Beyond
In my years as a management advisor and consultant, I have been privy to the operations of senior executive teams facing new realities. This experience is invariably marked by persistent strategic uncertainty.
- 20 July 2023
Regulation and Competition in Digital Ecosystems: Some Missing Pieces
Given recent developments in the digital space, one could be forgiven in thinking that regulators have embarked on an extensive exercise of platform design targeting the largest players in online services.
Markets in motionGuarding the gatekeepersEconomists at the bar
- 19 July 2023
Platforms’ Treacherous Turn
Friso Bostoen and Nicolas Petit
The ‘open early, closed late’ strategy is taking a heavy toll on consumers in the digital economy. The pure case of ‘open early, closed late’ occurs when a digital platform imposes prices after a period of free and unlimited…