Download or read book The Global Antitrust Institute Report on the Digital Economy written by The Global Antitrust Institute and published by . This book was released on 2021-08-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Enforcement in the Digital Economy written by Kristian Stout and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust enforcement in digital and high-tech markets is not disconnected from traditional antitrust theory or practice. Yet, unique features of firms operating in digital and other high-tech markets can necessitate modification of doctrine. For example, modern antitrust enforcement in digital markets needs to take seriously the presence of network effects in two-sided markets and the procompetitive justifications for various kinds of product design decisions that may otherwise appear to harm competitors under older models of antitrust enforcement. The goal, however, remains enforcement of the consumer welfare standard, even if enforcers and courts must be sensitive to features particular to digital markets.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 enforcement in high tech cases. This chapter begins with a brief overview of the precursor cases that informed enforcement up until the late 1990s before devoting attention to Microsoft and the subsequent cases that shape modern antitrust enforcement in digital markets.
Download or read book Antitrust Exemptions and Immunities in the Digital Economy written by Bruce H. Kobayashi and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 nature of the digital economy amplifies these concerns. Policymakers, courts, and regulators must diligently assess the ever-changing digital landscape and tailor antitrust doctrine accordingly.
Download or read book European Competition Enforcement and the Digital Economy written by Aurelien Portuese and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, advocated, and advanced in several “tech reports” representing the blossoming of the precautionary principle. I conclude in Section III, by proposing the reinstatement and further development of tools that protect the legal and economic rationale of antitrust, as recognized by European courts.
Download or read book Digital Duty to Deal Data Portability and Interoperability written by Justin (Gus) Hurwitz and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the development of the duty to deal doctrine in antitrust law. The development of the doctrine in the United States will be compared to that in the European Union. Popular economic justifications for the doctrine and key cases will be explored. Part II then situates this doctrine within the digital economy, focusing on the importance of getting the contours of the doctrine right in that economy. As we shall see, the law and economics of the duty to deal caution against its application to dynamic, digital markets. This will be illustrated by looking at cases where it has been applied. Part III focuses on two specific categories of duties to deal: data portability and interoperability.
Download or read book Antitrust Privacy written by James C. Cooper and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 dimension of competition; (2) identifying the underlying anticompetitive conduct that gives rise to a reduction in privacy; and (3) understanding that the benefits and costs of data collection are inexorably intertwined, with the net impact of a reduction of privacy on consumer welfare depending on heterogenous tastes for privacy and customization that are likely to be correlated in complex ways. Further, this Chapter also addresses potential First Amendment issues raised by using antitrust to condemn certain types of data collection and use, as well as problems that may arise to the extent that incorporating privacy into antitrust renders liability standards more uncertain.
Download or read book The Economics of Digital Platforms written by Michael R. Baye and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper 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 to internet search, online advertising, media, data, and privacy. Our goal is to provide a balanced look at the economic assumptions that underlie the many “possibility theorems” policymakers use to rationalize different policies (e.g., regulation, breaking up large companies, subsidizing entry, forced data sharing, or maintaining the status quo). Our discussion of the economics underlying various possibility theorems highlights the type of information and analyses required to determine whether alternative forms of intervention are likely to enhance the welfare of various market participants. While it is relatively easy to identify theoretical conditions under which intervention dominates the status quo (and vice versa), empirical verification is difficult because multi-sided platforms have many interrelated parts and involve complex data. These complexities augment the challenges inherent in implementing welfare-enhancing policies and highlight the importance of evidence-based decision-making.
Download or read book Evaluating the Case for Regulation of Digital Platforms written by Giuseppe Colangelo and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 these proposals for regulatory interventions is just to circumvent the burdens imposed by standard antitrust analysis. My findings suggest that the revival of regulation is likely motivated by an alleged antitrust enforcement failure as a result of an alleged gap in the current antitrust rules, rather than by an authentic market failure.
Download or read book Antitrust and Ex Ante Sector Regulation written by Bruce H. Kobayashi and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 predominantly based on ex-post litigation is a false narrative, as both the current antitrust laws and its institutions incorporate many of the features that reformers put forth as ex-ante regulation. As a matter of optimal regulatory design, this is not surprising, as a true ex-ante approach will incorporate both approaches.In the U.S., the Supreme Court has expanded its implied immunity and related common law limits on the use of the antitrust laws in response to the potential costs of inconsistent and overlapping regulation. This forces an ex-ante choice between antitrust and sector specific regulation when addressing specific problems associated with regulated industries. We suggest the ex-ante choice between antitrust and sector regulation be made based on the comparative institutional advantage of each approach, and that such an approach will result in the allocation of duties to deal and price setting to sector specific regulators. Because both approaches are imperfect vehicles for controlling competition, both the initial allocation between antitrust and regulation and the choice to regulate in the first place should be undertaken with caution, and expected to involve a long, slow, and costly evolution towards a more efficient system of antitrust and regulation.
Download or read book Antitrust and the Digital Economy written by Krisjtian Katona and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Non Competition and No Poach Agreements in Digital Industries written by Bruce H. Kobayashi and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 incorporates various approaches to mitigating the negative effects NCAs might have on workers, including requiring adequate disclosure, consideration, and banning their use in certain employment contracts. These diverse approaches can leave regulatory gaps in certain states and can result in overregulation in others. But this can also be a feature--diverse approaches to legal regulation of NCAs at the state level takes advantage of the laboratory of the states to generate information that will allow economic research to better evaluate the effects of these diverse legal approaches without exposing the entire nation to potential mistakes.There has also been a growing and robust literature that has examined state variation in the regulation of NCAs and the effect of these laws on worker welfare. However, current evidence does not yet suggest a reliable and predictable link between the use of NCAs and the effect on employee welfare. Moreover, changes in employee welfare can be negatively correlated to changes in consumer welfare. Any antitrust rule that broadly prohibits the use and enforcement of NCAs would be based on incomplete evidence, would interfere with the current operation of the balanced and nuanced state by state approach to regulating NCAs, and would potentially be at odds with the antitrust laws' focus on consumer welfare.
Download or read book Competition Regulation and 5G written by Babette Boliek and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 traditional MNO and how this might impact future competition analyses. And the fourth part examines how 5G may be a factor in less traditional competitive analyses--for example in federal attempts to develop markets in underserved areas, in delivering education and telemedicine, and in increasing competition to minimize theoretic bottlenecks.
Download or read book The Next Antitrust Agenda written by American Antitrust Institute and published by Vandeplas Pub.. This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Antitrust Institute (AAI) was founded in 1998 as an independent, nonprofit education, research, and advocacy organization. Celebrating its tenth anniversary during the important 2008 presidential campaign, the AAI determined to utilize this year to generate an integrated vision for re-energizing competition policy in the United States. Ours is a vision that departs in substantial ways from the outlook that has driven competition policy for much of the past generation. We offer it to the next administration without presupposition as to which party will control Congress or who the President will be. Traditionally, the ideal of competition as the preferred regulator of business behavior has enjoyed bipartisan support, beginning with the introduction of the Sherman Act in 1890 by a Republican and its signing into law by a Republican. But interpretations of what constitutes healthy competition and priorities for enforcement have varied over time, sometimes dramatically. Indeed, there have been periods of war or depression when the ideal of competition has been eclipsed by other priorities and policies. Yet, time and again, the ideal has been rejuvenated - by both Republicans and Democrats. We argue that we should now be entering a period of reinterpretation and rejuvenation. This Report is the edited product of a set of committees formed in the fall of 2007. The committee chairs and participants are all members of the AAI's Advisory Board. The Report consists of ten chapters and an introduction to competition policy and the philosophy behind the Report. The first set of chapters examines substantive areas of antitrust law and economics, including cartel enforcement, monopolization, merger policy, and a relative newcomer to antitrust discourse, buyer power. The following chapters then offer prescriptions for building the institutions of public enforcement and restoring the legitimacy of private enforcement. Finally, the report concludes with four chapters devoted to several of the key economic sectors in which competition policy issues are currently important: media, food, health, and energy. Together, these sectors account for more than one-third of the national economy.
Download or read book Algorithmic Antitrust written by Aurelien Portuese and published by Springer. This book was released on 2023-01-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation.
Download or read book From the Dark Side to the Bright Side written by Ai Deng and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If pricing algorithms could autonomously collude, can they be made automatic antitrust compliant as well? That is the question many have started pondering after a series of public comments by EU competition officials in recent years. In this paper, I propose a multi-faceted approach to algorithmic compliance. I draw lessons from the recent AI literature and discuss some potential technical frameworks for compliant algorithmic design. [Note: this paper is being superceeded by my chapter on algorithmic collusion and compliance for the Report on Digital Economy to be published by the Global Antitrust Institute at George Mason law.].
Download or read book Competition in the Digital Advertising Market written by Catherine E. Tucker and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and allocate advertising matters for understanding the potential competitive implications of digital platforms. The topic of digital advertising and competition is vast, so in this paper I focus on analyzing a very simple question-what drives advertisers to substitute across advertising venues, and what barriers might exist to an advertiser switching or substituting between advertising venues?
Download or read book Big Tech and the Digital Economy written by Nicolas Petit and published by Oxford University Press, USA. This book was released on 2020-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks a simple question: are the tech giants monopolies? In the current environment of suspicion towards the major technology companies as a result of concerns about their power and influence, it has become commonplace to talk of Google, Facebook, Amazon, Apple, Microsoft, or Netflix as the modern day version of the 19th century trusts. In turn, the tech giants are vilified for a whole range of monopoly harms towards consumers, workers and even the democratic process. In the US and the EU, antitrust, and regulatory reform is on the way. Using economics, business and management science as well legal reasoning, this book offers a new perspective on big tech. It builds a theory of "moligopoly". The theory advances that the tech giants, or at least some of them, coexist both as monopolies and oligopoly firms that compete against each other in an environment of substantial uncertainty and economic dynamism. With this, the book assesses ongoing antitrust and regulatory policy efforts. It demonstrates that it is counterproductive to pursue policies that introduce more rivalry in moligopoly markets subject to technological discontinuities. And that non-economic harms like privacy violations, fake news, or hate speech are difficult issues that belong to the realm of regulation, not antimonopoly remediation.
