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Brandeis Chicago Schumpeter Future Competition Policy

Twilight of the Lodestars: Brandeis, Chicago, Schumpeter and the Future of...

By Joseph V. Coniglio1   “All becoming and growing — all that guarantees a future — involves pain.”2 Something like this may be said of U.S....
A Proposal to Invigorate Ex Post Merger Policy

A Proposal to Invigorate Ex Post Merger Policy

By Menesh S. Patel1   Introduction Consider a hypothetical merger subject to Hart-Scott-Rodino. Suppose that the merger receives a second request, but the reviewing agency ultimately determines...
Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates

Harming Competition and Consumers Under the Guise of Protecting Privacy: An...

By D. Daniel Sokol & Feng Zhu*   Apple’s iOS 14 update represents an anti-competitive strategy disguised as a privacy-protecting measure. Apple now prohibits non-Apple apps...
CEO Compensation and Product Market Collusion

CEO Compensation and Product Market Collusion

By Sangeun Ha, Fangyuan Ma & Alminas Žaldokas1   Introduction Product market collusion cases are rampant and span different industries. Recent and ongoing investigations in the U.S....
Antitrust CALERA Capability Standards US Antitrust Enforcement

All Things Are Possible with Antitrust — CALERA, Capability Standards, and...

By Joseph V. Coniglio1   Introduction It is becoming a truism to say that competition policy is at an inflection point both in the United States...
Can We Teach Antitrust to an Algorithm?

Can We Teach Antitrust to an Algorithm?

By Giovanna Massarotto* & Ashwin Ittoo**   The answer is “Yes.” Prof. Ashwin Ittoo and I have built a machine learning (“ML”) algorithm — an AI...
Analyzing Nascent Competitor Acquisitions Rationally

Analyzing Nascent Competitor Acquisitions Rationally

By John M. Taladay & Jeffrey S. Oliver1   Many recent articles have posited that dominant companies are squelching competition by buying up nascent companies before...
A Proposed Pro-Labor Step for Antitrust

A Proposed Pro-Labor Step for Antitrust

By Russell Pittman1 & Chris Sagers2   Decades of aggressive mergers and acquisitions have concentrated markets, which can impose serious harm, including to the workers whose...
Digital Privacy

“Privacy Fixing” After Texas et al v. Google and CMA v....

By Tim Cowen, Claire Barraclough & Josh Koran1   Executive Summary Societies have designed antitrust laws to protect consumers from unfair practices (e.g. exclusive dealing, price fixing,...
A Note on Antitrust, Labor, and “No Cold Call” Agreements in Silicon Valley

A Note on Antitrust, Labor, and “No Cold Call” Agreements in...

By Russell Pittman (US Department of Justice)1   The issue of how to provide incentives for a private firm to invest in the knowledge and capabilities...
Vertical Mergers

Vertical Mergers and Input Foreclosure When Rivals Can Substitute Inputs: Safe...

By Serge Moresi & Marius Schwartz*   A vertical merger between a firm and an input supplier to that firm can generate efficiencies by eliminating double...
Google

The Google Complaint: A Step Backward for Antitrust Policy

By Jay Ezrielev (Elevecon)1   The U.S. Department of Justice (“DOJ”) and eleven states filed their Complaint against Google, accusing the company of anticompetitive conduct to...
Concentration is Not Producing Higher Profits or Markups

Concentration is Not Producing Higher Profits or Markups

By Joe Kennedy (ITIF)*   Introduction The United States is in the middle of a renewed debate on antitrust policy. Although most antitrust experts favor keeping some...
Shifting the Burden in Acquisitions of Nascent and Potential Competitors: Not so Simple

Shifting the Burden in Acquisitions of Nascent and Potential Competitors: Not...

By Jay Ezrielev (Elevecon)*   I. Introduction There is a heated debate in antitrust today about what lawmakers, courts, and enforcers should do about mergers between potential...
google

Possible Problems in the Google Case

By Gregory J. Werden & Luke M. Froeb1   Google invented neither the search engine nor the Internet browser, but it made them better. Competing on...
Umbrella

Umbrella Liability: Has Its Time Come?

By Michael D. Hausfeld & Irving Scher (Hausfeld)1   Introduction This Article addresses the case law and commentary dealing with the question of whether antitrust claims brought...
NYC Panorama

Could New York’s 21st Century Antitrust Act Usher a New Chapter...

By Shaoul Sussman (Institute for Local Self-Reliance)1   Over the last year, much-deserved attention has been paid to the ongoing Congressional antitrust investigation of Big Tech...
Facebook

An Anticlimactic Ending in the “Roadmap for an Antitrust Case Against...

By Chris Renner (Davis Wright Tremaine)1   The “Roadmap for an Antitrust Case Against Facebook” (the “Roadmap”) purports to explain how publicly available materials, sourced primarily...
Amex

Two Sides to Every Story: Growing Tensions Between Legal Rules and...

By Andrew J. Ewalt (Freshfields Bruckhaus Deringer US LLP)1   In Ohio v. American Express (Amex),2 the Supreme Court introduced into U.S. antitrust law a new...
health

Expectations for Healthcare Mergers During the Pandemic

By Andrew Elzinga, Avigail Kifer & Arthur Corea-Smith (Cornerstone Research)1   Trends in merger investigations related to the current COVID-19-induced downturn may be too new to...

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