By

Dr. Thibault Schrepel

Links of August 2020

Please find below the papers and articles that I enjoyed reading in August 2020. You can follow me on Twitter at @LeConcurrential if you want to find out about similar articles on a more regular basis. Antitrust: Why Do Courts Err in Pharmaceutical Antitrust Cases? (Michael Carrier – Concurrentialiste) “Never Break the Chain”: Pursuing Antifragility in Antitrust Enforcement (Makan Delrahim – DOJ)...
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Links of July 2020

Please find below the papers and articles that I enjoyed reading in July 2020. Surprisingly good for the summer period. You can follow me on Twitter at @LeConcurrential if you want to find out about similar articles on a more regular basis. Antitrust: Google, Facebook, and Amazon are no platforms (Thibault Schrepel) Market adjustments, Competition Law and the Covid-19 Pandemic (Frédéric...
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Google, Facebook, and Amazon are no platforms

EDIT: a more academic version of this article is now available at the Oxford Journal of European Competition Law & Practice: link. *** It’s been a while since I wanted to write about Ben Thompson’s aggregation theory because it has significant implications for antitrust law. Today is the day I’m finally doing it. Yay. 1- Platforms vs. aggregators Before...
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“Blockchain Code as Antitrust” in video

Dear all, Vitalik and I are very pleased to present you with this 12-minute video discussing (part of) our article entitled “Blockchain Code as Antitrust” (link). Thank you for watching!
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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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