Summer 2024
The Network Law Review publishes four issues a year. Articles go online one by one and are gathered by season. This issue closed with 12 publications.
Contents
Newest first18 September 2024
Competition Law Without Policy (and Competition Policy Without Law)
Reading the judgment of the European Court of Justice in the Google Shopping case made me sad. My main objection to the judgment has nothing to do with the merits of the decision, but rather with the form of the written judgment and the continuing failure of the Court to connect with people in the…
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11 September 2024
Antitrust and Digital Refusals to Deal
Early in 2024 the United States Department of Justice accused Apple of monopolizing a market for “performance smartphones” by refusing to share features that have placed the iPhone in the performance category.
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30 August 2024
“J’accuse!” – Four Deadly Sins of the Commission’s Draft Guidelines on Exclusionary Abuses
Just as we were ready to go on our summer holidays, or even after some of us had already left, the Commission published its draft Guidelines on exclusionary abuses (you can find them here in all official languages). This was a step that was long awaited with some anxiety.
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27 August 2024
In Praise of World Controllers: For A World Without Change
Context: In Aldous Huxley’s Brave New World, the World State is governed by ten men known as World Controllers. They oversee a society where stability, order, and happiness are preserved at the expense of individuality, freedom, and genuine human emotion.…
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24 July 2024
The Long Future of the Neo-Brandeisian Movement, in Three Parts
The neo-Brandeisian movement is frequently misunderstood as a modern movement, and although there are good reasons to associate it with the profound legacy of Justice Louis Brandeis, its roots lie in ancient understandings of the relationship between power and the economy.
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18 July 2024
Neo-Brandeis and Antitrust: an Olive Branch for Consensus
The controversy surrounding the goals of US antitrust law is one of the most polarizing debates of contemporary times. This brief contribution reconciles the most compelling arguments and counterarguments that I have encountered in US scholarship to attain much-needed consensus, which is required…
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9 July 2024
The Legacy of Neo-Brandeisianism: History or Footnote?
Dirk Auer and Lazar Radic
The movement that some call “neo-Brandeisianism,” after its putative inspiration in the works of the late U.S. Supreme Court Justice Louis Brandeis (others have less-charitably termed it “antitrust populism” or “hipster antitrust”), has indisputably taken the competition world by storm.
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3 July 2024
The Multi-Purpose Approach and Article 102 TFEU
The increasing economic and social inequalities in Western countries, the emergence of digital ecosystems, and the challenges of climate change have brought to the forefront issues such as equitable wealth distribution, personal data protection, and sustainability.
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2 July 2024
Antimonopoly Antitrust Metrics
In his 1963 Philadelphia Bank merger opinion, Justice Brennan defended its approach as “fully consonant with economic theory.” “So complex an economic-legal problem as the substantiality of the effect of this merger” entailed that “little weight” be given to the lay testimony of competing small…
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27 June 2024
The Antitrust Revolution That Mostly Wasn’t and Probably Won’t Be
There can be little doubt that antitrust enforcers at the Department of Justice (DOJ) and Federal Trade Commission (FTC), who have adopted to various degrees the “neo-Brandeisian” (NB)—also known as “populist,” “political” or “anti-monopoly”—approach to antitrust policy, have sought under the Biden…
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26 June 2024
The Impact of the Neo-Brandeis Movement on Antitrust: A Sceptical View
I am writing this contribution from the perspective of a European, more specifically Dutch, perspective as an academic and public antitrust practitioner. My introduction to the neo-Brandeis movement came in what I remember as a 2018 or 2019 conversation with Barry Lynn of the Open Markets Institute…
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24 June 2024
Latin Antitrust Chronicles: January-June 2024
Bruna Cataldo and Marcela Mattiuzzo
The Latin American competition debate has seen significant early developments this year. In this inaugural edition of the Latin Antitrust Chronicles, we will delve into key cases from Brazil and Mexico to provide insight into the region’s current landscape.
Read Latin Antitrust Chronicles: January-June 2024Cite Latin Antitrust Chronicles: January-June 2024