Category

Antitrust Law

Antitrust law professors’ favorite articles

Last year, I asked European professors of competition law to list their three favorite articles ever written in the field (they’re here). Today, I am delighted to be publishing the American counterpart. About 30 antitrust law professors have sent me their contribution–for which I am very grateful. Our antitrust family doesn’t agree on everything (to say the...
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Michael Carrier (guest article): “Why Do Courts Err in Pharmaceutical Antitrust Cases?”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by the world’s most renowned antitrust scholars every month of the year 2020. The one for August is authored by Michael A. Carrier, Distinguished Professor of Law at Rutgers Law School. In it, Michael explores why courts have been making fundamental mistakes when it comes to pharmaceutical antitrust. I...
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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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Frédéric Jenny (guest article): “Market adjustments, Competition Law and the Covid-19 Pandemic”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars every month of the year 2020. The one for July is authored by Frédéric Jenny, Professor of Economics at ESSEC Business School, and Chairman of the OECD Competition Committee. In it, Frédéric discusses how competition agencies have been responding to the challenges...
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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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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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Scott Hemphill (guest article): “Uncertain Harms: The Case of Nascent Competitors”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars every month of the year 2020. The one for June is authored by Scott Hemphill, Moses H. Grossman Professor of Law at NYU School of Law and co-director of the Engelberg Center on Innovation Law and Policy. In it, Scott discusses...
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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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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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Richard Whish (guest article): “Do Competition Lawyers Harm Welfare?”

Dear readers, As previously announced, I am incredibly happy and honored to publish guest articles written by several of the world’s most renowned antitrust scholars every month of the year 2020. The one for May is authored by Richard Whish, Emeritus Professor at King’s College London. In it, Richard explores whether competition lawyers harm welfare, exposing in turn different stratagems and asking who they benefit. I am confident that...
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