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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 first
  1. 18 September 2024

    Competition Law Without Policy (and Competition Policy Without Law)

    Spencer Weber Waller

    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…

    Read Competition Law Without Policy (and Competition Policy Without Law)Cite Competition Law Without Policy (and Competition Policy Without Law)

  2. 11 September 2024

    Antitrust and Digital Refusals to Deal

    Herbert Hovenkamp

    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.

    Read Antitrust and Digital Refusals to DealCite Antitrust and Digital Refusals to Deal

  3. 30 August 2024

    “J’accuse!” – Four Deadly Sins of the Commission’s Draft Guidelines on Exclusionary Abuses

    Makis Komninos

    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.

    Read “J’accuse!” – Four Deadly Sins of the Commission’s Draft Guidelines on Exclusionary AbusesCite “J’accuse!” – Four Deadly Sins of the Commission’s Draft Guidelines on Exclusionary Abuses

  4. 27 August 2024

    In Praise of World Controllers: For A World Without Change

    Thibault Schrepel

    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.​…

    Read In Praise of World Controllers: For A World Without ChangeCite In Praise of World Controllers: For A World Without Change

  5. 24 July 2024

    The Long Future of the Neo-Brandeisian Movement, in Three Parts

    Zephyr Teachout

    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.

    Read The Long Future of the Neo-Brandeisian Movement, in Three PartsCite The Long Future of the Neo-Brandeisian Movement, in Three Parts

  6. 18 July 2024

    Neo-Brandeis and Antitrust: an Olive Branch for Consensus

    Anca Daniela Chirita

    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…

    Read Neo-Brandeis and Antitrust: an Olive Branch for ConsensusCite Neo-Brandeis and Antitrust: an Olive Branch for Consensus

  7. 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.

    Read The Legacy of Neo-Brandeisianism: History or Footnote?Cite The Legacy of Neo-Brandeisianism: History or Footnote?

  8. 3 July 2024

    The Multi-Purpose Approach and Article 102 TFEU

    Mariateresa Maggiolino

    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.

    Read The Multi-Purpose Approach and Article 102 TFEUCite The Multi-Purpose Approach and Article 102 TFEU

  9. 2 July 2024

    Antimonopoly Antitrust Metrics

    Herbert Hovenkamp

    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…

    Read Antimonopoly Antitrust MetricsCite Antimonopoly Antitrust Metrics

  10. 27 June 2024

    The Antitrust Revolution That Mostly Wasn’t and Probably Won’t Be

    Jonathan M. Barnett

    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…

    Read The Antitrust Revolution That Mostly Wasn’t and Probably Won’t BeCite The Antitrust Revolution That Mostly Wasn’t and Probably Won’t Be

  11. 26 June 2024

    The Impact of the Neo-Brandeis Movement on Antitrust: A Sceptical View

    Wolf Sauter

    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…

    Read The Impact of the Neo-Brandeis Movement on Antitrust: A Sceptical ViewCite The Impact of the Neo-Brandeis Movement on Antitrust: A Sceptical View

  12. 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