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5-STATE ENFORCEMENT: LESS THEORY, MORE DELIVERING FOR CONSTITUENTS By Jeff Dan Herrera & Cholla Khoury

State Enforcement: Less Theory, more Delivering for Constituents

Antitrust practice is in an incredibly dynamic moment with significant debates centered on the direction jurisprudence and enforcement should proceed.  These debates pose important...
9-CONSUMER EXPECTATIONS AND FAIR CONTRACTING FOR DIGITAL PRODUCTS By Sean F. Ennis

Consumer Expectations and Fair Contracting for Digital products

The formation of consumer expectations for digital products affects competition between digital platforms that offer competing products. Unfair competition may occur if the competitive...
Antitrust Chronicle - Intermediaries - June 2022 Article Cover

Antitrust Chronicle™ – Intermediaries

Dear Readers, In antitrust policy discourse (particularly, but not exclusively, concerning the digital economy), there is often a background assumption that intermediaries impose a consumer...
4-WHAT HAVE THE INTERMEDIARIES EVER DONE FOR US? By Dirk Auer & Lazar Radic

What Have the Intermediaries Ever Done for Us?

Intermediaries may not be the consumer welfare hero we want, but more often than not, they are one that we need. Policymakers often assume...
Antitrust

The Slogans and Goals of Antitrust Law

By Herbert Hovenkamp (University of Pennsylvania) This is a comparative and historical examination of the slogans and goals most advocated for antitrust law today –...
Leniency Programs in Antitrust: Practice vs Theory

Should The Competitive Process Test Replace The Consumer Welfare Standard?

By: Einer Elhauge (ProMarket) The head of the Department of Justice’s Antitrust Division, Jonathan Kanter, made a recent speech adopting the Neo-Brandiesian position that in antitrust cases...
Law

A Theory of Antitrust Limits

By Nicolas Petit (European University Institute) Antitrust doctrine is under heavy fire in the academic literature. Modern criticism of antitrust doctrine attacks three ‘limits’ that...
Big Data Protection Big Problem

Big Data Protection: Big Problem?

Considerable debate exists as to the interaction of antitrust and privacy law. This nuanced debate encompasses many difficult questions: when is there a strong...
Revisiting Antitrust Institutions: The Case for Guidelines to Recalibrate the FTC’s Section 5 Unfair Methods of Competition Authority

Revisiting Antitrust Institutions: The Case for Guidelines to Recalibrate the FTC’s...

By Joshua D. Wright (George Mason University) The absence of guidelines identifying the boundaries of the Federal Trade Commission’s authority to prosecute unfair methods of...
Open Banking in Brazil

Open Banking in Brazil: A “Disruptive Step” Towards the Increasing of...

Following an upward trend in the global agenda for digital-driven economies, Open Banking has emerged as a hot topic in Brazil. Since 2018, the...
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