Category

Antitrust Law

VIDEOS: Computational Antitrust, Implementing Antitrust 3.0

I am pleased to be sharing 12 videos discussing how to implement computational antitrust, the challenges, and potential the field creates. These videos present what the U.S. Department of Justice is doing in the space, question the future of due process in antitrust litigation, discuss the robustness of machine learning to detect big-rigging, show how...
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Alan J. Meese: “The Constitutional Moment That Wasn’t: 1912-1914 and the Meaning of the Sherman Act”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Alan J. Meese, Ball Professor of Law and Dean’s Faculty Fellow and Director at the William & Mary Center for the Study of Law and Markets. **** The Curse of Bigness sketches Tim Wu’s NeoBrandeisian vision. Wu invokes Learned Hand’s assertion...
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Social Media vs. Social Network: Implications For Antitrust Law

The recently published Digital Markets Act (Regulation 2022/1925) applies to gatekeepers providing a “core platform service.” “[O]nline social networking services” are listed as one of these services (article 2); social media services are not. Chances are the Commission considers them to be the same thing—at least for the purpose of this regulation—but they are not. The difference...
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The USA’S Midterm Elections and Antitrust

Welcome to Crane’s Cartel, a trimonthly series where University of Michigan law professor Daniel Crane engages in hard-core mind-fixing. **** For those observing American politics from abroad, the headline from the 2022 midterm elections was that the predicted “red wave” did not happen. The Republicans narrowly retook the House of Representatives but failed to re-take...
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William H. Page & John E. Lopatka: “Parker v. Brown, Legislative Immunity, and Anticompetitive State Regulation”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by William H. Page, Marshall M. Criser Eminent Scholar Emeritus, University of Florida Levin College of Law, and John E. Lopatka, A. Robert Noll Distinguished Professor of Law, Penn State Law. **** In a recent article, we examine the relationship between the...
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Stanford CodeX Computational Antitrust 2nd annual conference

I am thrilled to announce the 2nd edition of the Stanford CodeX Computational Antitrust Project annual conference. We have a fantastic lineup of speakers waiting for you to discuss antitrust 3.0. Antitrust agencies from over 65 countries, top academics, and practitioners will discuss advances in the field for what promises to be a groundbreaking conversation. Join...
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The Effect of Venture Funding on Killer Acquisitions

The subject of killer acquisitions is capturing the ever-increasing attention of antitrust scholars and agencies. Several reasons explain this trend, but how frequent are killer acquisitions in practice? Prof. Schrepel waves in.
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Daniel F. Spulber: “How Do Vertical Mergers Affect Innovation? Learning from Illumina”

"How Do Vertical Mergers Affect Innovation? Learning from Illumina", this month's guest contribution by Daniel F. Spulber, Professor of International Business, Strategy, and Law at Northwestern University. Spoiler alert: there does not appear to be empirical evidence that vertical mergers diminish innovation and harm competition.
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Thomas W. Hazlett: The FTC’s Rendition of the “Cellophane Fallacy”

In the pending case of FTC v. Facebook, the Government alleges price increases for the “free” service. In this zero-price offering, the FTC argues that effective prices have been increased by Facebook by relaxing rules that protect against the use of personal information. These instances have not led to observed declines in quantities demanded (for...
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The Antitrust API

Computational antitrust promises not only to help antitrust agencies preside over increasingly complex and dynamic markets, but also to provide companies with the tools to assess and enforce compliance with antitrust laws. The Stanford Computational Antitrust project is pushing new boundaries and exploring new territories in the space. (...)
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Eleanor E. Fox: “Response to Professor Jonathan B. Baker On The Competitive Process Goal”

Competitive Process is not a standard but a descriptor I read with interest the essay of Professor Jonathan Baker, A Competitive Process Goal Won’t Strengthen Antitrust. The essay catalogues the dangers and pitfalls of using “protection of the competitive process” as the standard for antitrust violations. Professor Baker attributes this standard to me. I do indeed...
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Calling For a New Theory of Dynamic Competition

Welcome to Ph.D. Voices, a monthly series in which Ph.D. candidates share their research with the antitrust world. The first entry is by Anouk van der Veer, Ph.D. candidate at the European University Institute. **** Introduction Once upon a time, companies like Google, Apple, and Meta were praised for their success. But the fairy tale has...
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Dennis W. Carlton: “How to make sensible merger policies?”

Dear readers, I am delighted to present you with this month’s guest article by Dennis W. Carlton, Professor of Economics Emeritus at the Booth School of Business, University of Chicago. All the best, Thibault Schrepel **** Merger policy is a topic of heated debate. At times, the rhetoric on both sides seems exaggerated. Some claim that, partially...
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Four Bad Reasons to Bring Criminal Monopolization Cases

Welcome to Crane’s Cartel, a trimonthly series where University of Michigan law professor Dan Crane engages in hard-core mind-fixing. **** The leadership of the U.S. Justice Department Antitrust Division has made waves in recent months by publicly stating an interest in reviving the long-discarded practice of bringing criminal cases under Section 2 of the Sherman...
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Jonathan B. Baker: “A Competitive Process Goal Won’t Strengthen Antitrust”

Dear readers, I am delighted to present you with this month’s guest article by Jonathan B. Baker, Research Professor of Law at American University Washington College of Law. All the best, Thibault Schrepel **** Antitrust expert Eleanor Fox has insisted for decades that antitrust law’s central norm is to protect the competitive process, not to promote consumer...
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