Section II: The State of Competition in the Digital Economy


Section II gives an overview of the state of competition in digital markets, current antitrust enforcement efforts, competition, concentration, and the role of government in the competitive process.

Is the Digital Economy Too Concentrated?

Concentration in the digital economy in the United States has sparked loud criticism and spurred calls for wide-ranging reforms. These reforms include everything from increased enforcement of existing antitrust laws, such as challenging...

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Innovation in the United States and Europe

This chapter explores investment, entrepreneurship, and innovation in the United States and Europe and takes stock of the two region’s relative performance in encouraging technological change. Although there is no single perfect metric...

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Consumer Welfare in the Digital Economy

Digital goods generate a large amount of consumer welfare but these welfare gains are not properly measured in existing macroeconomic measures. This chapter summarizes existing research on measuring consumer welfare from digital goods....

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Rent-Seeking and Public Choice in Digital Markets

This chapter examines how public choice concerns, most prominently “rent-seeking” behavior, have been manifested in initiatives to regulate digital markets. The chapter first summarizes key insights from public choice and describes the...

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Antitrust Enforcement in the Digital Economy: US

This chapter takes the 2001 D.C. Circuit opinion in Microsoft as an inflection point in digital antitrust enforcement. With that case we can first clearly see all of the various threads pulled together that run through modern antitrust...

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European Competition Enforcement and the Digital Economy: The Birthplace of Precautionary Antitrust

In Section I of this paper, I examine the origins or seeds of precautionary antitrust by revisiting enforcement by European administrative competition agencies in digital markets. In Section II, I explain how this ideology was embraced,...

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Potential Competition, Nascent Competitors, and Killer Acquisitions

In this chapter, we address a number of critical questions. Is there a problem with large technology firms, or platforms, purchasing nascent competitors and suppressing competition before they can mature into vibrant competitors? Further,...

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Competition in the Digital Advertising Market

Digital platforms have attracted unparalleled recent interest from antitrust and competition authorities. Many digital platforms are free to consumers and are supported by advertising. Given this, the question of how advertisers approach...

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Antitrust, Non-Competition, and No-Poach Agreements in Digital Industries

The use of NCAs is currently regulated under state law. These laws embody diverse approaches to the regulation of NCAs which generally limit enforcement of NCAs to those with reasonable and narrowly tailored terms. State law also...

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