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Antitrust Chronicle® 2018




December 2018

Multi-Sided Markets & Consumer Harm To close out this consequential year in antitrust, the December 2018 CPI Antitrust Chronicle features articles related to multi-sided platforms and consumer harm. As the legal and economic literature have parsed out over the years, multisided markets have been around and long time, but today they have taken on a rather ubiquitous nature.




November 2018

Antitrust Due Process The November 2018 CPI Antitrust Chronicle features articles which play a role in the global conversation about norms for antitrust due process. As companies increasingly engage in international/global business transactions, there is also a growing number of jurisdictions with competition agencies (over 140 agencies in over 100 countries) that enforce competition laws.




October 2018

CRESSE Insights The October 2018 CPI Antitrust Chronicle includes articles based on presentations from Special Policy Sessions (“SPS”) and invited lectures of the 13th Annual CRESSE Conference organized from June 29–July 1, 2018 in Crete, Greece.




September 2018

Platform Competition It has been fifteen years since Rochet & Tirole published their influential article Platform Competition in Two-Sided Markets. The September 2018 CPI Antitrust Chronicle features articles on today’s debates related to Platform Competition.




August 2018

Rethinking Vertical Mergers The August 2018 CPI Antitrust Chronicle features articles on a topic that has been all over the news recently: vertical mergers. The recent District Court decision in the AT&T/Time Warner merger has opened a Pandora’s Box of antitrust discussions. This seems understandable seeing that the case is the first government action to block a vertical merger in the U.S. in over forty years.




July 2018

Editorial Board Antipasto To kick off our round of summer editions, the July 2018 CPI Antitrust Chronicle features articles from members of the CPI Editorial Advisory Board. This compilation of articles covers a variety of jurisdictions and antitrust topics including foreign direct investment, machine learning and cartel detection, excessive pricing in the pharmaceutical sector and the evolution on the per se rule.




June 2018

Enabling The Fourth Industrial Revolution The June 2018 CPI Antitrust Chronicle addresses issues related to the fifth annual LeadershIP Conference, “Enabling the Fourth Industrial Revolution,” which took place in Washington, D.C. on April 10th. The panelists at the conference came from the private and public sectors: regulators, academics and private practitioners. We are pleased to have articles from speakers at the LeadershIP conference from all of the panels.




May 2018

Diving into Online Platforms Online platforms remain an ever growing hot topic within the antitrust community around the world. The rapid expansion of online platforms, such as ride hailing or accommodation sharing applications, has given rise to concerns from competition authorities and policymakers. This month’s CPI Antitrust Chronicle focuses on the latest developments in the intersection of competition policy and online platforms, with articles from authors in Europe, the U.S. and China.




April 2018

Hipster Antitrust I was pleased to be asked to guest edit the April 2018 Antitrust Chronicle on Hipster Antitrust. The consumer welfare standard in antitrust is an important part of antitrust law and practice in the United States, but an increasing number of policy thinkers are starting to question whether it should maintain its primacy. Should courts and antitrust enforcers balance factors such as employment, wages, small businesses against consumer welfare effects in evaluating mergers and conduct? Do we need special rules for technology platforms in particular?…




March 2018

Year of the Dog: Recent Developments in China In August 2018, China will celebrate its 10th anniversary of the enforcement of the Anti-Monopoly Law. It’s a critical moment to review the achievement of antitrust enforcement in 2017 and look forward for the next ten years. Within a broader picture, President Xi’s Chinese dream aims to bring benefits to the people, and consumer welfare will still stay in the center of antitrust enforcement.




February 2018

The Digital Economy – Mergers As the fast-moving digital economy has quickly grown, mergers in this sector have continued to increase in numbers. Antitrust regulators, private practitioners and undertakings have had to face this challenge head-on. Does traditional merger analysis remain effective under these new and constantly changing circumstances? Our February Chronicle attempts to shed light on this question.




January 2018

Private Equity + CRESSE What does competition law have to do with private equity investments? If you listen only to the investors, the answer is “not very much.” But in fact the authorities have a substantial interest in determining whether a private equity transaction, like any other acquisition of stock or assets, has an adverse impact on competition. Are these private equity transactions in fact reportable, or do they slide by the filing and waiting requirements? Does it matter if the private equity investor is seeking board membership, or to change management direction of the target?