Data Collection In Online Platform Businesses: A Perspective For Antitrust Assessment

Data Collection In Online Platform Businesses: A Perspective For Antitrust Assessment

By Eliana Garcés –  There has been a growing attention to the role that data and data analytics are playing in the online world. The current public debate is assimilating the collection of massive amounts of data by large online platforms to extraordinary clout on the public and almost unassailable dominance among economic actors. The […]

Silicon Valley Rhetoric: Three Myths Debunked

Silicon Valley Rhetoric: Three Myths Debunked

By John M. Newman –  The ECJ’s recent move to classify Uber as a transportation-services company attracted international headlines — yet it was a fairly straightforward, common-sense decision. What, then, made it so remarkable? It was one of the first high-level rejections of Silicon Valley Rhetoric. Tech giants are unrivaled in their ability to disguise […]

Uber In Europe: Are There Still Judges In Luxembourg?

Uber In Europe: Are There Still Judges In Luxembourg?

By Margherita Colangelo & Mariateresa Maggiolino –  Uber is the most emblematic example of platforms that are challenging legislators, regulators and courts all over the world. Its advent has been a disruptive element in the taxi industry, showing how technological advances have created new ways to operate carriage of persons services and bringing the operation […]

Uber Has An Antitrust Litigation Problem, Not An Antitrust Problem

Uber Has An Antitrust Litigation Problem, Not An Antitrust Problem

By Nick Passaro –  Uber has been the subject of numerous lawsuits in the last ten years, spanning several areas of law. However, even within the narrower focus of antitrust claims, the allegations have varied in both jurisdiction and theory of harm. Despite the number and diversity of antitrust claims against Uber, not one has […]

Antitrust Implications Of Labor Platforms

Antitrust Implications Of Labor Platforms

By Marshall Steinbaum –  Labor platforms like Uber have mostly escaped antitrust scrutiny, despite the apparent legal risk that, by coordinating pricing among tens of thousands of “independent contractors,” they might run afoul of Section 1 of the Sherman Act. On the other hand, the enforcement agencies have indicated that collective bargaining by those contractors […]

Promote Openness Or Strengthen Protection? – Application Of Law To Data Competition In China

Promote Openness Or Strengthen Protection? – Application Of Law To Data Competition In China

By Wei Han & Yajie Gao –  How to coordinate open access to, and protection of, data is the basic issue for the modern digital economy. In order to predict the future development of anti-monopoly enforcement in China’s digital economy, we must take full consideration of China’s current legal system, and relevant legislative and enforcement […]

After Consumer Welfare, Now What? The “Protection Of Competition” Standard In Practice

After Consumer Welfare, Now What? The “Protection Of Competition” Standard In Practice

By Tim Wu –  Given a country founded on principles of anti-monopoly and the decentralization of power, an antitrust revival in the United States may have been inevitable. Some in the current revival have targeted the “consumer welfare” standard, but would that make the antitrust law too indeterminate? I argue that the leading alternative, “protection […]

Hipster Antitrust Meets Public Choice Economics: The Consumer Welfare Standard, Rule Of Law, And Rent-Seeking

Hipster Antitrust Meets Public Choice Economics: The Consumer Welfare Standard, Rule Of Law, And Rent-Seeking

By Elyse Dorsey, Jan M. Rybnicek & Joshua D. Wright –  Hipster Antitrust calls for the rejection of the consumer welfare standard as the lodestar of antitrust law in favor of a vague “public interest” test that requires courts and agencies to consider a variety of social and political goals. In short, Hipster Antitrust seeks […]