In this chapter we explain that creating a new agency has potential benefits and risks. The typical anticipated benefit of creating a new agency is specialized expertise. An expert agency holds a comparative advantage over general...
This chapter describes the emergence of the EFD and reviews its development against the background of major trends in the continuing evolution of federal antitrust law. It then analyzes recent Supreme Court cases that have questioned and...
This chapter begins with a primer on SDOs in Section I, followed by a review of the competition policy debate on SDOs and intellectual property rights in Section II. In Section III, I summarize some of the recent proposals that relate to...
The first part of this chapter puts forward a brief background on technology. The second part examines the use of 5G in FCC and DOJ merger review. The third part analyzes the potential increased efficiency and decentralization of the...
Using ex-ante regulation to replace inefficient and ineffective ex-post litigation based antitrust is a familiar refrain for those interested in regulating large technology firms. But the narrative that antitrust is either solely or...
The aim of this chapter is to analyze recently released reports and policy papers to evaluate whether regulatory interventions reflect the distinctive features of digital markets and their leading players or whether the main thrust of...
Algorithms are becoming ubiquitous in our society. They are powerful and, in some cases, indispensable tools in today’s economy. In terms of the technology, we do not yet have AI sophisticated enough to, with a reasonable degree of...
In this chapter, we discuss the development of the duty to deal doctrine in antitrust law, its application to the digital economy, and proposals for specific duties to deal, such as data portability and interoperability. Part I outlines...
This chapter focuses on complaints about “content moderation” because ICS providers are far more likely to be subject to unfair competition and consumer protection claims (meritorious or otherwise) for choosing not to carry, or...
Exemptions and immunities limit the reach of the antitrust laws. If the courts and agencies implement exemptions and immunities too expansively, anticompetitive conduct will elude enforcement and thereby injure consumers. The dynamic...
This chapter proceeds as follows. Section I begins with the background and recent history of the state action doctrine and its relation to occupational licensure, addressing the recent cases listed above. Section II discusses recent and...
This Chapter discusses the theories behind the call to incorporate privacy into antitrust and identifies some potential legal and economic hurdles to their application. Chief among them are (1) the extent to which privacy is an important...
Despite the idiosyncratic and sometimes counterproductive institutional scheme of federal antitrust enforcement created by failed Congressional design and decades of iterative experimentation, the U.S. antitrust agencies function...
This chapter examines the economics of digital platforms and two-sided markets and discusses the economic conditions that underlie policy assertions by advocates of both interventionist and laissez-faire policies. We include applications...
This chapter proceeds in five parts. The first provides a brief history of the law and economics of predatory pricing doctrine in the United States, and how a revolution in economic and legal thinking spurred by Areeda and Turner’s...
