Platforms collect valuable data that they do not share. Welfare then suffers as information asymmetry produces market failures. Current proposals to address this, however, fail because they grant access to an entity’s own data but not the context within which it functions. We propose a novel solution, the in-situ data right, that gives users privacy...Read More
“Neo-Brandeisian” scholars contend that prevailing antitrust law fails to protect democratic values. They propose (1) to replace antitrust’s consumer welfare standard with a multi-goaled approach and (2) to embrace ex ante conduct rules over ex post liability standards. In tandem, those policies undermine Neo-Brandeisianism’s raison d’être, the promotion of democracy.Read More
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Axel Gautier, Professor at the Department of Economics of HEC Liege, University of Liège. *** Over the last two decades, the largest digital platforms have experienced incredible growth, reaching millions of users, developing many new products and technologies, and...Read More
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Richard N. Langlois, Professor of Economics at the University of Connecticut. * This paper emerged from a keynote talk at the Third Annual Mercatus Center Antitrust Forum on January 18, 2024, at George Mason University, in Arlington, Virginia. It was...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
Dear readers, the Network Law Review is delighted to present you with this month’s guest article by Daron Acemoglu, Institute Professor of Economics at MIT, and Simon Johnson, Professor of Entrepreneurship at the MIT Sloan School of Management *** There is widespread agreement that social media has become a major social problem. The original hope was...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
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...Read More
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...Read More
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...Read More
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...Read More
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). ****...Read More
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...Read More
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...Read More
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...Read More
