By

Dr. Thibault Schrepel

A dialogue between Darwin and a blockchain

One day, Darwin encountered a young public permissionless blockchain. Here is the transcript of their conversation (all Darwin’s quotes are directly taken from his book, “On the Origin of Species“): Narrator: The blockchain is concerned about not fitting in the existing framework. The blockchain is not a market and is not a firm (see this article)....
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Links of June 2020

Please find below the papers and articles that I enjoyed reading in June 2020. Learn about them on a more regular basis by following me on Twitter at @LeConcurrential. Antitrust: Uncertain Harms: The Case of Nascent Competitors (Scott Hemphill) Blockchain Code Can Fill In When Antitrust Law Fails (Thibault Schrepel) Fascism and Monopoly (Daniel A. Crane) A brief history of Article 102...
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A brief history of Article 102 TFEU

Today, the Bundesgerichtshof (German Federal Court of Justice) has sided with the Bundeskartellamt against Facebook (see). By doing so, the Court has deemed the absence of causality link between Facebook’s size on the market and its practice irrelevant. Once again, Facebook is being judged for combining WhatsApp, Instagram, and Facebook users’ data without their consent (but for improving these apps). Should I create...
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The antitrust literature of the 2010s

In March, I launched a survey to document the most essential antitrust literature of the 2010s. As I said at the time, my objective was to build a database of the most valuable antitrust/competition law academic papers published in the last ten years. We’ve never had so many authors and journals publishing antitrust/competition law-related subjects; I thought constructing a...
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Links of May 2020

Please find below the articles that I enjoyed reading in May 2020. I don’t recall having read so many good ones in a single month. Learn about them on a more regular basis by following me on Twitter at @LeConcurrential. Antitrust: Blockchain Code as Antitrust (Thibault Schrepel & Vitalik Buterin) Do Competition Lawyers Harm Welfare? (Richard Whish) Updating “market definition” (Nicolas Petit...
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The first case of “blockchain antitrust”: Gallagher v. Bitcointalk.org

We often talk about “history books” as if such things still existed, or mattered. Oh well, for what it’s worth, let me discuss the first (U.S.) case of blockchain antitrust. We long thought United American Corp. v. Bitmain was the one (read). In this case (filed in December 2018), United American Corp. acted against various firms (including those of prominent...
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NEW ARTICLE: “Blockchain Code as Antitrust” (co-authored with Vitalik Buterin)

I am absolutely delighted to let you know about the publication of a new article I co-authored with Vitalik Buterin (co-founder of the Ethereum): “Blockchain Code as Antitrust“. It starts from the following premise: the rule of law does not govern all human interactions. Against this background, one may want to rely on other means to increase...
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Links of April 2020

Please find below the articles that I enjoyed during the month of April 2020. Mostly antitrust-related, but not limited to it. Learn about them on a more regular basis by following me on Twitter at @LeConcurrential. Antitrust: POWER: Trust and Distrust (Eleanor Fox) Libra: A Concentrate of “Blockchain Antitrust” (Thibault Schrepel) Antitrust Antitextualism (Daniel A. Crane) Competition Policy and the Covid-19 Opportunity (Jorge...
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Analyzing one decade of blockchain litigation

Blockchain was first introduced by Satoshi Nakamoto with her/his/their article “Bitcoin: A Peer-to-Peer Electronic Cash System” published on October 31, 2008 (although… interestingly enough, Satoshi Nakamoto never used the word “blockchain” in the white paper). Hundreds of millions of transactions have since been implemented on it. This is me being sarcastic on Twitter:   Confirmed #Bitcoin transactions per day....
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Libra: A Concentrate of “Blockchain Antitrust”

Blockchain antitrust is a fascinating subject. The number of cases is rising (I will discuss that shortly), and antitrust agencies are slowly but surely starting to devote resources to the topic. With that in mind, I am delighted to publish my latest article entitled Libra: A Concentrate of “Blockchain Antitrust”. This is a short one (10 pages) dealing with a...
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Links of March 2020

YOU LIKE THIS NEWSLETTER? THEN ANSWER MY 1-QUESTION SURVEY : ) *** Please find below the articles that I enjoyed during the month of March 2020. Mostly antitrust-related, but not limited to it. Learn about them on a more regular basis by following me on Twitter at @LeConcurrential. Antitrust: Roads Not Taken: The Federal Trade Commission and Google (William Kovacic) A letter to...
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Links of February 2020

Please find below the articles that I enjoyed during the month of February 2020. Mostly antitrust-related, but not limited to it. There’s more than usual. Learn about them on a more regular basis by following me on Twitter at @LeConcurrential. Antitrust: Democracy And Monopoly In Governments, Markets, And Firms (Daniel A. Crane) The Fundamental Unimportance of Algorithmic Collusion for Antitrust Law (Thibault Schrepel)...
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