Ex Ante Regulation of Digital Platforms?: Cautionary Tales From Telecommunications

Whether there should be increased antitrust enforcement, and/or ex ante regulation of heretofore lightly-regulated major high-tech companies has attached considerable academic, policy, and popular...
INVESTIGATION OF COMPETITION IN DIGITAL MARKETS

The Investigation of Competition in Digital Markets: Looking in the Wrong...

The majority staff of the House Judiciary Committee recently released its Report and Recommendations (“MSRR”) following an investigation of competition in digital markets.  It...
Settlement

Cartel Settlements: Facilitating Damages Claims But Hybrid Cases Remain Unsettling

By Marieke Datema, Andrew Leitch & Ed Coulson (Bryan Cave Leighton Paisner)1   I. Introduction Over ten years since the introduction of the European Commission Settlement Notice,...

A Step Forward or Backward: The Court’s Application of Geographic Market...

The Federal Trade Commission and the Pennsylvania Office of Attorney General recently challenged a proposed hospital system merger in the Philadelphia, PA area as...

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...

On Their Silver Anniversary, It’s Time to Burnish the Healthcare Guidelines

Twenty-five years have passed since the United States Department of Justice and the Federal Trade Commission last revised their Statements of Antitrust Enforcement Policy...
CCPA and Competition: The Value of Consumer Data Privacy and Pricing

CCPA and Competition: The Value of Consumer Data, Privacy, and Pricing

Much like how there was debate in the past on whether the goals of antitrust and intellectual property law were incompatible or complimentary, we...

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...

Stacking the Blocks: Vertical Integration and Antitrust in the Healthcare Industry

For many decades, the U.S. healthcare industry mostly consisted of a diversity of unintegrated physicians, hospitals, and insurers. Over the last 10 to 15...
A MISSED OPPORTUNITY

A Missed Opportunity

The House Report assembles a large amount of information about competition in digital markets and will be a valuable resource for those who want...

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