The Unilateral Conduct Gap Sacrificing Interoperability and Innovation

The Sherman Act and related antitrust jurisprudence have proven flexible and capable of balancing competitive effects of virtually any kind of concerted conduct among...

Interoperability in Antitrust Law & Competition Policy

As the concepts of network effects, tipping, and lock-in have grown in importance with the rise, growth, and current ubiquity of platforms, data analytics,...

Big Data Protection: Big Problem?

Considerable debate exists as to the interaction of antitrust and privacy law. This nuanced debate encompasses many difficult questions: when is there a strong...

How Self-Preferencing Can Violate Section 2 of the Sherman Act

Self-preferencing occurs when a firm unfairly modifies its operations to privilege its own, another firm’s, or a set of firms’ products or services. Extensive...

Interoperability as a Lens onto Regulatory Paradigms

As the world increasingly considers antitrust as a tool for governing and shaping large internet companies, we ask whether traditional antitrust analysis and remedies...

Invigorating Competition in Social Networking: An Interoperability Remedy That Addresses Data...

The persistent dominance of Facebook has led many scholars and policymakers to generate proposals to invigorate competition in social networking. In this piece we...

Competition Tools for Digital Markets in Mexico: Section 94 of the...

By Alejandra Palacios1 Digital markets share several economic characteristics that are manifested in isolation in traditional markets, but which come together in the digital environment:...
A Proposal to Invigorate Ex Post Merger Policy

A Proposal to Invigorate Ex Post Merger Policy

By Menesh S. Patel1   Introduction Consider a hypothetical merger subject to Hart-Scott-Rodino. Suppose that the merger receives a second request, but the reviewing agency ultimately determines...
Steering Payment Cards Enforcement Advocacy

Steering in Payment Cards: Between Competition Enforcement and Competition Advocacy

By Andres Calderon1   For academics and practitioners of Competition Law, whenever one reads “Steering in payment cards,” Ohio v. American Express immediately comes to mind....
WhatsApp 2021 Privacy Policy India

WhatsApp’s 2021 Privacy Policy – Update from India

By G. R. Bhatia & Aaditya Ranbir Sahgal1 Competition regulators around the world have taken note of WhatsApp’s proposed 2021 Privacy Policy and Terms of...

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