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Antitrust Chronicle®

Coopetition in The Pharma Industry: Challenges for Antitrust
 |  Dec 12, 2024

Coopetition — collaboration between competitors — is a powerful driver of innovation in the pharmaceutical industry. Pharmaceutical companies successfully share resources, R&D and skills to develop new drugs and explore…

Symmetry and the Sixth Force: The Essential Role of Complements
 |  Dec 12, 2024

More than forty years later, the five-forces model (Porter, 1980) remains one of the most influential frameworks for formulating strategy. Yet there is a hole in the model, namely, the…

ESG Collaborations in Light of European Antitrust Policy and Enforcement Trends
 |  Dec 12, 2024

A growing number of environmental, social and governance (or, in short, “ESG”) regulatory requirements, encourage or, on a practical level, require collaboration between competitors or suppliers. However, sharing information between…

Antitrust Chronicle® – Co-opetition
 |  Dec 11, 2024

Dear Readers, Co-opetition, as originally articulated by Brandenburger & Nalebuff, is a strategic approach where firms simultaneously compete and collaborate, creating a dynamic interplay that can drive innovation and enhance…

Antitrust Chronicle® – Moats & Entrenchment
 |  Nov 29, 2024

Dear Readers, The notion of a competitive “moat” (perhaps most famously popularized by investor Warren Buffett), can be understood as a protective barrier that gives a company a durable competitive…

Assessing the Potential for Antitrust Moats and Trenches in the Generative AI Industry
 |  Nov 29, 2024

This article explores the economic dynamics and competition issues within the fast-advancing Generative Artificial Intelligence (AI) industry. Generative AI, encompassing hardware, models, and applications, has seen rapid growth across sectors,…

How SEP Hold-up Can Lead to Entrenchment
 |  Nov 29, 2024

Hold-up in the standard essential patent (“SEP”) context can lead to entrenchment, disadvantaging new entrants and smaller firms by raising SEP licensing costs. Former and current enforcement officials have acknowledged the…

The Role of Moats in Unlocking Economic Growth
 |  Nov 29, 2024

This article explores the interplay between investment, economic moats, and regulatory intervention within the context of Europe’s low growth. We begin by defining economic moats and examining their role in…

Overcoming Moats and Entrenchment: Disruptive Innovation in Generative AI May Be More Successful than Regulation
 |  Nov 29, 2024

Recent enforcement and the establishment of ex ante regulation of digital platforms is predicated on them having durable and entrenched market power. In the short time since regulatory regimes have…

Overlapping Ownership & Market Power Entrenchment
 |  Nov 29, 2024

Overlapping ownership links may create the incentive for managers to internalize the preferences that their shareholders have in other firms. If they do (and firms in the industry impose a…

Antitrust Chronicle® – Remedies Revisited
 |  Oct 30, 2024

Dear Readers, Merger remedies are a crucial part of antitrust enforcement. When designed and implemented effectively, they should fully restore competition lost through an otherwise anticompetitive merger. However, some are…

Fixing the Fix: Updating Policy on Merger Remedies
 |  Oct 30, 2024

Remedies are a critical part of merger enforcement and policy. Despite this, current policy on merger remedies lacks coherence and certain features work against the broader goal of vigorous merger…

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