By Elettra Bietti, Harvard University Antitrust law is more contested than ever. The recent push by the Biden Administration to re-orient antitrust towards justice and fairness considerations is leading to...

By Sean Heather, Chamber of Commerce Prior to her ascension to chair the Federal Trade Commission, Lina Khan gained popularity in progressive legal circles for her criticism of the popular American retailer Amazon. Her 2017 article in the Yale Law Review, “Amazon’s Antitrust Paradox” not only focused on the titular retailer but also sought to counter the longstanding […]

By Jacob Noti-Victor & Xiyin Tang, Yeshiva University & Yale Law School Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and Penguin Random House. The decision was a rare collision between antitrust law and the deeply consolidated copyright content industries. […]

By Manuel Wörsdörfer, University of Maine This paper builds on Khan’s work on Amazon’s antitrust paradox by transferring her normative framework to Apple Inc. It explores the company’s anti-competitive business practices and main antitrust concerns, as well as the currently proposed reform measures. The paper argues that one of the key antitrust issues with Apple […]

By Staff in the Bureau of Competition & Office of Technology Generative AI has the potential to rapidly transform the way we live, work, and interact. Within just a few months, generative AI chatbots and applications have launched and scaled across industries and reached hundreds of millions of people. AI is increasingly becoming a basic part […]

By Maria José Schmidt-Kessen, Central European University This paper critically assess the impact of EU legislation that makes sustainability efforts for companies mandatory on the efforts under EU competition law to support the EU Green Deal Agenda. It can be considered as a starting point in trying to reconcile two trends: the sustainability turn in […]

By Steven M.Millendorf, Foley & Lardner On June 14, 2023, the FCC announced that they are creating a new Privacy and Data Protection Task Force that will be charged with coordinating rule-making, enforcement, and public awareness of privacy and data protection issues (including data breaches). One of the goals of the new task force is to provide […]

By Andrew Ross Sorkin, Ravi Mattu, Bernhard Warner, Sarah Kessler, Michael J. de la Merced, Lauren Hirsch and Ephrat Livni The F.T.C. chair shot to fame six years ago after publishing an academic article that the company needed to be contained. Legal experts wonder if that time has come. Lina Khan takes on her longtime […]

By Amelia Miazad, UC Davis School of Law Addressing climate change requires an unprecedented amount of collaboration. Investors, civil society actors, and NGOs recognize this, and are creating alliances to support collaborative climate governance. The scale of these investor alliances is massive–just consider Climate Action 100+, which represents 700 global investors with over $68 trillion […]

By Gabriel Lozada, University of Utah Some economists argue antitrust policy should be based on empirical methods used by the Industrial Organization subdiscipline of economics, but non-economists must understand that those methods contain certain highly restrictive assumptions. Those assumptions involve econometric “identification,” and treating aggregate demand as if it were generated by a representative consumer […]

By Igor Pejic, American Banker Igor Pejic is an author, keynote speaker and banker. His upcoming book “Big Tech in Finance” analyzes how tech titans are remaking the global financial system. His previous title “Blockchain Babel”won the Independent Press Award 2020 and was profiled as a Financial Times book of the month. Pejic publishes the valued industry […]

By Jens-Uwe Franck & Till Seyer, University of Mannheim If an antitrust fine has been imposed on a company, the question of managerial recourse liability arises. We present court cases from the Netherlands, the UK, and Germany, in part denying managerial liability and claiming that it would undermine the fines’ deterrent effect. We analyse whether […]