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Guests

Jason Potts: “Future Markets and the Social Discount Rate: A New Approach to Dynamic Competition Policy”

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...
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Marina Lao: “FTC Rulemaking on Noncompetes”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Marina Lao, Edward S. Hendrickson Professor of Law at Seton Hall University School of Law. **** In early 2023, the U.S. Federal Trade Commission (FTC) proposed a rule that would ban virtually all noncompete clauses as “unfair methods of...
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Vincent Martenet: “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. Separation of powers primarily refers to the branches of government or the main functions of the state and, in this respect, to public or state power or...
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Justin (Gus) Hurwitz: “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. Less than a month later, on July 19, the FTC and Department of Justice (“DOJ”) announced proposed changes to the agencies’ joint merger guidelines. These proceedings are closely related, both part of the Biden administration’s...
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Anu Bradford: “What is at Stake if Antitrust Regulation Fails?”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Anu Bradford, Henry L. Moses Professor of Law and International Organization at Columbia Law School. She recently published her new book Digital Empires: The Global Battle to Regulate Technology. **** Momentum for regulating Big Tech is growing across the world. The European Union...
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Luc Soete and Sven Van Kerckhoven: “Deglobalisation and competition policy: the challenge to European economic integration”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Luc Soete, Dean of Brussels School of Governance, Free University of Brussels (VUB) and Emeritus Professor, Maastricht University, and Sven Van Kerckhoven, Vice-Dean, of Brussels School of Governance and Research Professor European Economic Governance, Free University of Brussels (VUB). ****...
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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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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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Drew Fudenberg and David K. Levine: “Adjusting to Change in Complex Systems”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Drew Fudenberg, Professor of Economics at MIT, and David K. Levine, Professor of Economics at the European University Institute. **** While driving a car, you hear a large bang, the car no longer accelerates properly, and the engine makes loud noises....
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Carl Shapiro: “Regulating Big Tech: Factual Foundations and Policy Goals”

Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Carl Shapiro, Professor at Berkeley Haas and Berkeley Department of Economics. **** Over the past several years, we have witnessed a vigorous push to regulate the Big Tech companies, especially Amazon, Apple, Facebook and Google. In the European Union,...
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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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Ioannis Lianos: “Mind The (Institutional) Gap: Digital Economy, Competition Law and The Toolkit Approach”

Far from its depiction as a well-defined and linear techno-social phenomenon that developed incrementally over the last three decades following a consistent masterplan, the Internet of today has been transformed beyond recognition from its original version. The initial conditions under which the Internet developed were characterised by its distributed technological structure, which relied on an...
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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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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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