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Posts by this author
Legal Practices and Development Direction for Anti-Monopoly Supervision of Data in China
Class Certification in the Ninth Circuit After
Olean
Antitrust Chronicle® – Horizontal Competition: Mergers, Innovation & New Guidelines
Innovation in Merger Control
Making Sense of EU Merger Control: The Need for Limiting Principles
Sustainability Agreements in the EU: New Paths to Competition Law Compliance
Merger Control and Sustainability: A New Dawn or Nothing New Under the Sun?
TechREG Chronicle® – Intellectual Property & Technology
Rethinking Intellectual Property Law in an Era of Generative AI
Generative AI and Copyright Protection: AI Dreams of Electric Sheep
An Economic Analysis of the Artificial Intelligence-Copyright Nexus
The Proposed EU SEPs Framework Regulation – Time to Complete
Huawei/ZTE
The European Commission’s Proposed SEP Regulation – A Missed Opportunity for Meaningful Reform?
Antitrust Chronicle® – Consent Decrees
Consent Decrees Under the Biden Administration
The FTC´s Prior Approval Mischief
Fix-It-First: A Seismic Shift in U.S. Antitrust Agency Approaches to Merger Remedies
“Shadow” Settlements and the Tunney Act
Room for Agreement? Antitrust Merger Consent Decrees Policy and Practice Under the Biden Administration
Market Power and Copyright: The ASCAP and BMI Consent Decrees
Canada’s Competition Act: The Reform Process Continues
Antitrust Chronicle® – Bid Rigging
Cartels in Public Procurement: A Reassessment
Bid Rigging and Umbrella Damages
Procurement Planning in the EU: Assessment from a Bid Rigging Perspective
Hub and Spoke Cartels and Bid Rigging in Brazil: Current Landscape and Forward-Looking Considerations
Bid Rigging In Public Procurement
Antitrust Chronicle® –
Ex Post
Review
Ex Post
Review in the EU – Steps Back to the Future
Ex Post
Review: An Under-Used Tool in the Antitrust Enforcement Toolkit
The Deterrence of Anticompetitive Behavior: A New Approach Based on the Diffusion of Information About Competition Policy Interventions
Review of the CMA’s Approach to Vertical Mergers
Ex Post
Reviews: Learning from the Past, or Learning in Real Time?
Tracking Ancestry: KFTC Guidelines on Online Platforms
Will the U.S. Draft Merger Guidelines Influence Merger Control in South Africa?
TechREG Chronicle® – Brokering Reform: Regulation of Data Markets
CPI TechREG Talks… …with Samuel A.A. Levine
Data Brokers in the Hot Seat: A Continuing Story
To Share or Not to Share: Regulating Data Brokers
Data Brokers: Intermediaries for More Efficient Data Markets?
Data Broker Regulation – Competition v. Privacy Considerations: Trade-Offs
Is Personal Data Still Up for Grabs?
Keeping Up with the Alchemists – Regulating Data Brokers in Australia
Vertical Merger Enforcement: Where Do We Go from Here?
Antitrust Chronicle® – Competition & Innovation
Innovation and U.S. Antitrust Law
Antitrust Policy Toward Innovation Competition: Measuring Dynamic Efficiency
Capturing Innovation for Antitrust Purposes
Innovation, Invention, and Standards
Structuring Competition to Foster Socially Beneficial Innovation
Defining and Measuring Innovation for Competition Enforcement
Mergers and Innovation
Sustainability Agreements in Light of Argentina’s Competition Law
Antitrust Chronicle® – Corporate Antitrust Compliance
Incentives in Your Antitrust Compliance Program
DOJ’s Compliance Focus on Business Use of Communication Platforms & Personal Devices: A Practical Guide
Antitrust & Regulatory Compliance in the 21st Century: New Challenges, New Opportunities and the Role of AI
Company Compliance with U.S. Antitrust law: Policy-Tracking in a Changing Landscape
From Governance to Stewardship: The Impact of Board Leadership on Antitrust Compliance and Sustainability Goals
Amgen/Horizon
: Entrenchment is the New Conglomerate Effects Theory
TechREG Chronicle® – Regulating Generative Artificial Intelligence – Volume I
Some Economic Aspects of Artificial Intelligence Technologies and Their Expected Social Value
Foundational Models: Building Blocks for Generative AI Applications
You Are What You Eat: Nurturing Data Markets to Sustain Healthy Generative AI Innovation
Prescription or Principle: Regulatory Design Choices for Artificial Intelligence
Standard Deviation? Private Rule-Making Under the EU AI Act
Regulating Generative Artificial Intelligence Without Overfitting
Two Bridges Too Far: First Take on the Draft Merger Guidelines
Antitrust Chronicle® – State Attorneys General
CPI Talks… with California Attorney General Rob Bonta
A Force to Be Reckoned With: Developments in the Multistate Antitrust Task Force
Nibblers Beware: Antitrust on Site
Caretakers of Competition’s Fairness Keystone
Towards a Unified Theory of State Enforcement
Out With the Old and in With the Odd? How Should Antitrust Foster Innovation?
Recent Legislative Developments in State Antitrust Enforcement: Risks and Opportunities
Antitrust Chronicle® – Editorial Board Antipasto
Maintaining Competition in Telecoms in the Era of Gigabit Connectivity
Antitrust in the Age of AI
The EU Foreign Subsidies Regulation – A New Chapter for Foreign Subsidies Scrutiny in the EU
The State of Cloud Technology Markets: Challenges for Competition
Hitting the “Return” Key: Disgorgement in UK/EU Antitrust Laws
Margin of Error – A Note on Platform Competition
Self-Preferencing in China – New Antitrust Rules or Case-by-Case Enforcement?
The Case for M&A: Evidence of Efficiencies in Consummated Mergers
TechREG Chronicle® – Tech Banking
Silicon Valley Bank and the Changing Structure of Banking
Prudential Supervisors Should Embrace Better Technology to Help Prevent Bank Failures
Banking Regulations and Financial Stability
Silicon Valley Bank
Inter Alia
Settlement and Commitments in India: Tools for Effective and Timely Enforcement?
Market Shares as An Important Factor in China’s Resale Price Maintenance Enforcement
Competition Law and Policy in Ukraine – Wartime Overview
Non-Competes: If You Can’t Use Them There, Can You Use Them Anywhere? What New York’s Potential Non-Compete Ban Adds to the Labor and Antitrust Conversation
Deepening Fault Lines: Diverging Antitrust Enforcement at the DOJ and FTC
TechREG Chronicle® – Telemedicine
The Effects of Telemedicine on Market Structure and Implications for Regulation
Patient Access and Quality Care: Post-pandemic Regulation of Telemedicine in the United States
Telemedicine in the United Kingdom: From a Patchwork of Services and Regulations to a Connected Health and E-health Revolution
Practicing Telehealth Post-public Health Emergency
No More Waiting Room: Regulating Telehealth in South Africa
Telemedicine Professional Medical Licensing and Payment Considerations
Highest EU Court Reinforces Merger Control in Telco Sector and Beyond
Antitrust Chronicle® – Coordinated Effects
The Oligopoly Problem, Trigger Strategies, and “Coordinated Effects”
Coordinated Effects and the Half-truth of the Lax Enforcement Narrative
Strategic Use of Public Price Indexes as a Collusive Device
Recent Advances in Economic Methodology for Coordinated Effects
Coordinated Effects of Mergers: The EC Perspective
The Prevalence of Coordinated Effects Theories in Uk and EC Merger Cases
Coordinated Effects in Times of Inflation
Antitrust Chronicle® – Judicial Review of Economic Evidence
Two-fold Deference at the Rule of Reason’s Third Step
Judicial Review of Economic Evidence in EU Competition Law: Ready for the Ride?
The Role of an Economist at the Competition Appeal Tribunal
Expert Economic Evidence in Australian Competition Law: “Economic Assessors – Time to Adopt Admiralty Practice?”
Elbert Gary & Bill Gates: A Study in Antitrust Contrasts
Daubert’s
Mystery Surcharge: The Heavy Exclusion of Economic Expert Testimony in Antitrust Litigation
The Review of Economic Evidence in Competition Cases: Some Insights From South Africa
The Judicial Review of Economic Evidence: A South African Perspective
Navigating Choppy Waters Post-Patel: Lessons Learned from Insider Trading and Spoofing for Securing No-Poach Convictions
Do you believe the vertical merger guidelines need to be changed? – Daniel Rubinfeld