Category

Antitrust Law

Raphaël De Coninck & Christoph von Muellern: “Big Tech Acquisitions and Innovation Incentives”

In this note, which partly draws on discussions and papers presented at the inaugural DCI conference, we argue that merger policy in the tech sector must be based on solid empirical evidence. We further argue that merger policy should not only consider post-merger effects on innovation, but also its ex-ante impact on pre-merger innovation. While...
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Johannes M. Bauer & Tiago S. Prado: “Big-Tech Acquisitions and Venture Capital Funding for Start-ups”

Start-up acquisitions by larger technology firms, including by “big techs” such as Google, Amazon, Apple, Facebook, and Microsoft, were long regarded as an integral part of innovation in fast-paced, high-technology sectors. For entrepreneurs and venture capital investors, a sale to big tech companies offered an attractive option to realize the value of accumulated intangible capital...
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Mike Walker: “The UK Facebook/Giphy Case: Taking Dynamic Competition Seriously”

There are some frequently mentioned statistics about the number of acquisitions carried out by the large digital platforms and, in particular, about the lack of merger control intervention. For instance, the Furman report cited the statistic of more than 400 acquisitions undertaken by Google, Apple, Facebook, Amazon and Microsoft between 2008 and 2018 and not...
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Gabriele Corbetta & Joe Perkins: “Frameworks for Dynamic Competition”

Concerns around dynamic competition are increasingly featuring in merger control, particularly in the UK. Such concerns have been an important factor in the CMA’s decisions to prohibit the mergers between Microsoft and Activision and between Meta and Giphy. Other mergers that might have raised dynamic competition concerns have been abandoned by the parties, facing the...
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Anna Tzanaki: “Dynamic Challenges to Market Definition and Market Power Evaluation in Antitrust Cases: The Long Road Ahead”

Dynamic competition is the new kid on the block. It seeks to redirect the focus of competition policy towards innovation, value creation and economic change. Dynamism is indeed at the heart of competition. What’s not to like? The intuitive appeal of dynamic competition is hard to contest. Yet its practical application poses a series of...
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David J. Teece: “Dynamic Competition, Organizational Capabilities, and M&A: A Short Synopsis”

Competition increases when rivalry incentivizes firms to adopt more “efficient “practices. However, performing a fixed set of activities more efficiently only facilitates “static” competition. Absent significant innovation, efficiency augmenting rivalry does not and cannot deliver significant welfare improvements. A more powerful force of economic growth and productivity comes from dynamic competition through innovation and entrepreneurial...
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The Limits of Antitrust Remedies: Brunswick v. Pueblo Bowl-O-Mat for the FTC

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by James C. Cooper, Professor of Law and Director, Program on Economics & Privacy, George Mason University Antonin Scalia Law School and Bruce H. Kobayashi, Paige V. & Henry N. Butler Chair in Law and Economics, George Mason University Antonin...
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The Expected Impact of “Great Power Competition” on Antitrust Policy

Great Power Competition refers to the rivalry and strategic competition among the world’s most powerful nations (“great powers”) for global influence, resources, and dominance. These powers typically include the United States, Russia, China, and the European Union. In practice, Great Power Competition consists of the use of economic, military, technological, and diplomatic means to gain...
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Joseph Farrell: “Looking at More Evidence in Antitrust”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Joseph Farrell, Professor of the Graduate School in the Department of Economics, University of California at Berkeley. **** Competition policy builds on a simple idea. If much more business flows to those who offer better deals, as it does...
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Ramsi A. Woodcock: “Antimonopolism as a Misunderstanding of Power”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Ramsi A. Woodcock, Associate Professor of Law at the University of Kentucky Rosenberg College of Law and Assistant Professor of Management at the University of Kentucky Gatton College of Business and Economics. **** There are two men alone in...
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Competition Stories July – September 2022

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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Innovation in European Antitrust Law

This short article serves as an introduction to Thibault Schrepel’s latest working paper, “A Systematic Content Analysis of Innovation in European Competition Law” (open-access) *** Economies are becoming more complex, with more transactions required to produce each product.1Hausmann, Hidalgo, Bustos, Coscia, Simoes, and Yildirim, The Atlas of Economic Complexity: Mapping Paths to Prosperity (MIT Press,...
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A “Proof of Vigilance” for Antitrust Constitutional Moment

This short contribution seeks to propose the implementation of a “Proof of Vigilance” to meet the challenges of antitrust constitutional moment. Hypothesis This short paper is based on a simple hypothesis: the face of antitrust is changing to an extent that will have a lasting impact on the future of the field. Academics, policymakers, enforcers,...
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A Conversation with Vernon Smith on Complexity Theory, Adam Smith, Web3, and More

The following transcript has been lightly edited. Thibault Schrepel Welcome, everyone. I am delighted to be joined today by Vernon Smith, who is a Professor appointed to the School of Business and Economics, and the School of Law at Chapman University. Vernon was awarded the 2002 Nobel Prize in Economic Sciences for his work in...
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Reviving the Robinson-Patman Act

Welcome to Crane’s Cartel, a trimonthly series where University of Michigan law professor Daniel Crane engages in hard-core mind-fixing. **** The Robinson-Patman Act was enacted in 1936 amid New Deal fervor against the power of chain stores, particularly the hegemonic Great Atlantic and Pacific Tea Company (“A&P”). Among its provisions was a prohibition on price...
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