By Martin E. Cave & Ernesto Flores-Roux – The degree to which digitization has penetrated most sectors of the economy makes it extremely difficult to quantify its reach. Can we clearly separate brick and mortar business and digital activity? Can we isolate digital advances in typical technological industries from those that apply in less affected industries? […]
By Alexander Galetovic & Stephen Haber – Many authors argue that innovation in IT is under threat.For many years Patent Holdup Theory has influenced antitrust thinking and action in SEP-intensive industries. While the theory predicts market failure, SEP-intensive industries have thrived and consumers have benefited from better products at lower prices. Is Patent Holdup a […]
By Timothy Cowen & Stephen Dnes – This article will place EU competition law policy in a comparative perspective, drawing comparisons with U.S. federal antitrust law, which differs on a number of key points relating to innovation. As a starting point, both EU and U.S. policy and law both seek to foster innovation. However, they […]
By Rachel Brandenburger, Logan Breed & Falk Schöning – This article considers how the U.S. and EU antitrust agencies assess the impact of a merger on innovation. Merging parties may argue that their merger will improve the merged company’s ability to innovate, and innovation-based arguments may also be used to demonstrate that current market shares […]
Letter From the Editor David S. Evans, March 20, 2016 Letter from the Editor Keith N. Hylton, March 20, 2016 United States v. Microsoft Corp. (Microsoft III) is now fifteen years old, and that I would write such a long introduction to a reprint of significant portions from the opinion is a sign its significance […]
Zhu Li, March 20, 2016 Some new characteristics of competition in the Internet industry, e.g., competition for attention, innovation competition, cross-market competition etc., have brought about new challenges and difficulties for the legal regulation of competition. In virtue of the theoretical innovation and the innovation of law applicability, Chinese courts gave creative judicial responses in […]
Alex Chisholm & Nelson Jung, March 20, 2016 The rapid change in the economic environment, in particular the growth of the digital economy, poses challenges for competition authorities and policymakers alike: what are the key considerations that should inform the approach to intervention in such a fast moving sector? Joseph Schumpeter showed that great historical […]
Benjamin Edelman, March 20, 2016 Transportation Network Companies offer notable service advances—but do they comply with the law? I offer evidence of some important shortfalls, then consider how the legal system might appropriately respond. Though it is tempting to forgive many violations in light of the companies’ benefits, I offer a cautionary assessment. For one, […]
Bruno Lasserre, March 20, 2016 New business models seem all-pervasive today, with the result that older forms of trade feel under constant threat. There is undoubtedly a surge in more intangible forms of innovation that rely on new ways of selling existing goods or services. Recent examples of exponential growth in revenues and market capitalization […]
In this issue: Antitrust & Innovation David Evans, Nov 25, 2009 The Middle Way on Applying Antitrust to Information Technology Antitrust analysis ought to account for special features of IT – just like it ought to account for special features of any industry under consideration. But there’s no particular reason to focus additional antitrust resources on […]