I am writing this contribution from the perspective of a European, more specifically Dutch, perspective as an academic and public antitrust practitioner. My introduction to the neo-Brandeis movement came in what I remember as a 2018 or 2019 conversation with Barry Lynn of the Open Markets Institute at an Oxford seminar convened by Ariel Ezrachi...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
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; (2) the proper methodologies for damages models; and (3) the Noerr-Pennington doctrine’s application to litigation incentive...Read More
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...Read More
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...Read More
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...Read More
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),...Read More
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...Read More
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...Read More
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 when determining whether benefits such as the elimination of double marginalization (EDM) are merger specific; (2) who bears the...Read More
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...Read More
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...Read More
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,...Read More
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...Read More
