CompPolicyInt · The Equitable Future of Intercollegiate Athletics By Michael D. Hausfeld, Sarah LaFreniere & Eduardo A. Carlo For too long now, the NCAA has hidden behind its veil of “amateurism” to justify depriving college athletes of reasonable compensation for use of their name, image, and likeness (“NIL”), much needed comprehensive academic opportunities, and much […]

CompPolicyInt · Conduct Remedies, With 2020 Hindsight: Have We Learned Anything in the Last Decade? By John E. Kwoka Ten years ago the U.S. antitrust agencies began using conduct remedies more frequently and more expansively than ever before. Research and experience, however, highlighted the limitations of such remedies, and so more recently the agencies have […]

CompPolicyInt · An Economist’s Thoughts on Behavioral Remedies in Merger Enforcement By Russell Pittman There is a substantial literature examining the experience in both the United States and the European Union with the imposition by enforcement agencies of remedies as a condition for a merger to proceed without challenge. The broad goals of the agencies […]

By Matthias Schneider Licensing standard essential patents (“SEPs”) for the Internet of Things (“IoT”) will create novel challenges for parties involved in both standardization and the licensing process. This paper explains how the IoT will affect the creation and implementation of standardized technology and then examines four emerging questions about SEP licensing for the IoT […]

By Paul Lugard It is now undisputed that 5G and IoT will revolutionize many industries, from energy to healthcare, manufacturing, and mobility. The dissemination of 5G cellular technology, connecting devices to the Internet on the basis of technical interoperability standards, will generate very significant consumer benefits. However, as 5G technology is designed for many different […]

By Alexander Krzepicki, Joshua D. Wright & John M. Yun In current antitrust policy debates, it is almost a foregone conclusion that digital platforms’ collection and use of “big data” is a barrier to entry. In this article, we argue that big data should properly be considered a two-stage process. The reason why this classification […]

By Gregory Day Observers contend that concentrated power in digital markets threatens free speech. At the root of this anxiety is that private companies have accrued unprecedented control over the flow of information, turning free speech into an emerging antitrust issue. Support for increasing antitrust enforcement in the marketplace of ideas has notably come from […]

America’s farmers were instrumental in the passage of the nation’s first antitrust laws. The weakening of the United States’ antitrust enforcement, however, has contributed to the decline of the American farmer, who is squeezed by oligopolies on the input and output side of the farm. This has led to a lower share of the food […]

Covenants not to compete, which prevent workers from quitting their employer and moving to a competing employer, have ambiguous effects on welfare, according to economic theory. Noncompetes may enable employers to invest in assets by protecting those assets from expropriation by workers or competitors, but noncompetes also interfere with labor market competition. Recent research, however, […]

Between 2017-2019 the Australian Competition and Consumer Commission con- ducted a “world rst” inquiry into digital platforms and their impact on media and advertising services markets. Its focus was Google and Facebook re ecting their “in uence, size and signi cance” in Australia. Concluding that these platforms have market power, the Final Report makes a […]

By Alexandre Barreto, Patrícia A. Morita Sakowski & Christine ParkThe BRICS Competition Authorities Working Group on Digital Economy recently published its rst Report under the leadership of Brazilian CADE as Chair and Russian FAS of Russia as Co-Chair of the Working Group. As a descriptive work, the Report provides an overview of competition policy and […]

Advocates of traditional antitrust are increasingly called upon to the defend the existing framework. In doing so they face a challenge: the traditional framework is actually quite difficult to explain. The problem is not that modern antitrust involves a lot of advanced economics — though that is also true. The problem is that foundational antitrust […]