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Summer 2023

The Network Law Review publishes four issues a year. Articles go online one by one and are gathered by season. This issue closed with 24 publications.

Contents

Newest first
  1. 14 September 2023

    Complexity Science for Antitrust Lawyers

    Thibault Schrepel

    This short article serves as an introduction to Thibault Schrepel’s latest working paper, “Being an Arthurian: Complexity Economics, Law, and Science” (open-access)…

    Read Complexity Science for Antitrust LawyersCite Complexity Science for Antitrust Lawyers

  2. 11 September 2023

    A Bad Merger of Process and Substance: Changing the Merger Guidelines and Premerger Review Form

    Justin (Gus) Hurwitz

    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.

    Read A Bad Merger of Process and Substance: Changing the Merger Guidelines and Premerger Review FormCite A Bad Merger of Process and Substance: Changing the Merger Guidelines and Premerger Review Form

  3. 6 September 2023

    What is at Stake if Antitrust Regulation Fails?

    Anu Bradford

    Momentum for regulating Big Tech is growing across the world. The European Union has been leading this fight for the past decade, frequently leveraging its antitrust laws, data protection laws, and other regulatory instruments to reclaim control over the industry.

    Read What is at Stake if Antitrust Regulation Fails?Cite What is at Stake if Antitrust Regulation Fails?

  4. 30 August 2023

    Deglobalisation and competition policy: the challenge to European economic integration

    Luc Soete and Sven Van Kerckhoven

    In March 2023, the European Commission (EC) announced it would relax its state aid rules so that its Member States would have more leeway to co-invest with private actors in projects that further the green transition and reinforce the EU’s industrial independence.

    Read Deglobalisation and competition policy: the challenge to European economic integrationCite Deglobalisation and competition policy: the challenge to European economic integration

  5. 2 August 2023

    Law over Economics in the 2023 Draft Merger Guidelines

    Daniel Crane

    On July 19, the FTC and DOJ released the draft Merger Guidelines for public comment. Among the many headlines is the displacement by case law of formal economic analysis that had characterized former guidelines.

    Read Law over Economics in the 2023 Draft Merger GuidelinesCite Law over Economics in the 2023 Draft Merger Guidelines

  6. 25 July 2023

    Some Background to Complexity Economics

    W. Brian Arthur

    Brian Arthur: I’m delighted to be here, even if it is pretty early in the morning here in California. What I want to tell you is my version of what I think complexity economics is about. I will not go into technical details, but I want to give you an overview.

    Read Some Background to Complexity EconomicsCite Some Background to Complexity Economics

  7. 24 July 2023

    Competition Policy Enforcement in a Dynamic World

    Pierre Régibeau

    There is little doubt that all of the sectors where Competition Policy is commonly enforced exhibit some dynamic characteristic, be it because of investments, innovation, network effects, switching costs or, more simply, entry and exit.

    Read Competition Policy Enforcement in a Dynamic WorldCite Competition Policy Enforcement in a Dynamic World

  8. 21 July 2023

    Navigating the Death of Competition: The Emergence of Business Ecosystems and Beyond

    James F. Moore

    In my years as a management advisor and consultant, I have been privy to the operations of senior executive teams facing new realities. This experience is invariably marked by persistent strategic uncertainty.

    Read Navigating the Death of Competition: The Emergence of Business Ecosystems and BeyondCite Navigating the Death of Competition: The Emergence of Business Ecosystems and Beyond

  9. 20 July 2023

    Regulation and Competition in Digital Ecosystems: Some Missing Pieces

    Eliana Garces

    Given recent developments in the digital space, one could be forgiven in thinking that regulators have embarked on an extensive exercise of platform design targeting the largest players in online services.

    Read Regulation and Competition in Digital Ecosystems: Some Missing PiecesCite Regulation and Competition in Digital Ecosystems: Some Missing Pieces

  10. 19 July 2023

    Platforms’ Treacherous Turn

    Friso Bostoen and Nicolas Petit

    The ‘open early, closed late’ strategy is taking a heavy toll on consumers in the digital economy. The pure case of ‘open early, closed late’ occurs when a digital platform imposes prices after a period of free and unlimited supply.

    Read Platforms’ Treacherous TurnCite Platforms’ Treacherous Turn

  11. 18 July 2023

    Market Definition And Market Power Evaluation In Dynamic Industries

    Andrea Pezzoli

    This brief contribution will focus on three aspects of dynamic competition. Firstly, I’ll try to provide a tentative definition of dynamic industries/markets, identifying their main characteristics.

    Read Market Definition And Market Power Evaluation In Dynamic IndustriesCite Market Definition And Market Power Evaluation In Dynamic Industries

  12. 17 July 2023

    Rethinking Regulation for Dynamic Digital Ecosystems

    Beatriz Kira

    Examining regulatory responses to technological advancements reveals a recurring pattern. Technological innovation often paves the way for widespread commercialization and adoption.

    Read Rethinking Regulation for Dynamic Digital EcosystemsCite Rethinking Regulation for Dynamic Digital Ecosystems

  13. 14 July 2023

    Ecosystems and Managers

    Richard N. Langlois

    This session is about ecosystems and managers. One can interpret that in many ways. I want to interpret it in a way that is not perhaps what the organizers had in mind: I want to argue that ecosystems and managers are substitutes for one another.

    Read Ecosystems and ManagersCite Ecosystems and Managers

  14. 13 July 2023

    A Rising Trend in Market Concentration: Myth or Reality?

    Benoît Durand and Apolline Jaoui

    Over the last couple of years, a “new conventional wisdom” (Shapiro, 2018) has emerged: there is evidence of a widespread increase in market concentration in both the U.S. and the EU economies over the last few decades.

    Read A Rising Trend in Market Concentration: Myth or Reality?Cite A Rising Trend in Market Concentration: Myth or Reality?

  15. 12 July 2023

    The EU Digital Markets Act: A One-of-a-kind Regulation

    Ana Malheiro

    Sometimes, to understand where we are, we must first understand where we came from. The Digital Markets Act (“DMA”) is the outcome of a long reflection process that was informed by the Commission’s own antitrust enforcement experience, as well as by the realisation that some issues related to…

    Read The EU Digital Markets Act: A One-of-a-kind RegulationCite The EU Digital Markets Act: A One-of-a-kind Regulation

  16. 11 July 2023

    The EU Digital Markets Act: It Is Not About Markets But Ecosystem Failures!

    Carmelo Cennamo

    The Digital Markets Act (DMA) represents a new institutional framework redefining the principles of what constitutes anticompetitive behaviour and abuse of advantageous position in the digital economy, and perhaps more importantly, the domain within which such conduct is assessed.

    Read The EU Digital Markets Act: It Is Not About Markets But Ecosystem Failures!Cite The EU Digital Markets Act: It Is Not About Markets But Ecosystem Failures!

  17. 10 July 2023

    Dynamic Competition, Digital Ecosystems, and Competition Policy

    Wolfgang Kerber

    The current digital transformation can be understood as a Schumpeterian revolution of the entire economy and society through an ongoing process of innovation and technological change as the most important driver of economic development.

    Read Dynamic Competition, Digital Ecosystems, and Competition PolicyCite Dynamic Competition, Digital Ecosystems, and Competition Policy

  18. 7 July 2023

    Big Tech Acquisitions and Innovation Incentives

    Raphaël De Coninck and Christoph von Muellern

    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.

    Read Big Tech Acquisitions and Innovation IncentivesCite Big Tech Acquisitions and Innovation Incentives

  19. 6 July 2023

    Big-Tech Acquisitions and Venture Capital Funding for Start-ups

    Johannes M. Bauer and Tiago S. Prado

    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.

    Read Big-Tech Acquisitions and Venture Capital Funding for Start-upsCite Big-Tech Acquisitions and Venture Capital Funding for Start-ups

  20. 5 July 2023

    The UK Facebook/Giphy Case: Taking Dynamic Competition Seriously

    Mike Walker

    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.

    Read The UK Facebook/Giphy Case: Taking Dynamic Competition SeriouslyCite The UK Facebook/Giphy Case: Taking Dynamic Competition Seriously

  21. 4 July 2023

    Frameworks for Dynamic Competition

    Gabriele Corbetta and Joe Perkins

    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.

    Read Frameworks for Dynamic CompetitionCite Frameworks for Dynamic Competition

  22. 3 July 2023

    Dynamic Challenges to Market Definition and Market Power Evaluation in Antitrust Cases: The Long Road Ahead

    Anna Tzanaki

    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.

    Read Dynamic Challenges to Market Definition and Market Power Evaluation in Antitrust Cases: The Long Road AheadCite Dynamic Challenges to Market Definition and Market Power Evaluation in Antitrust Cases: The Long Road Ahead

  23. 30 June 2023

    Dynamic Competition, Organizational Capabilities, and M&A: A Short Synopsis

    David J. Teece

    Competition increases when rivalry incentivizes firms to adopt more “efficient” practices. However, performing a fixed set of activities more efficiently only facilitates “static” competition.

    Read Dynamic Competition, Organizational Capabilities, and M&A: A Short SynopsisCite Dynamic Competition, Organizational Capabilities, and M&A: A Short Synopsis

  24. 29 June 2023

    Competition Between AI Foundation Models

    Thibault Schrepel and Alex ‘Sandy’ Pentland

    This short article serves as an introduction to Thibault Schrepel and Sandy Pentland’s latest working paper, “Competition between AI Foundation Models: Dynamics and Policy Recommendations” (open-access)…

    Read Competition Between AI Foundation ModelsCite Competition Between AI Foundation Models