Antitrust and Competition

The Trends and Cases That Defined European Antitrust in 2024

Three antitrust experts review the trends and cases that defined European antitrust and competition in 2024. Apple’s unfair trading conditions and the Digital Markets Act Alessia...

The Trends and Cases That Defined United States Antitrust in 2024

Three antitrust experts review the trends and cases that defined United States antitrust in 2024.

How Thousands of Tech and Pharma Mergers Escape Antitrust Scrutiny

New research from Christopher Stewart, John Kepler, and Charles McClure shows that thousands of large mergers and acquisitions bypass antitrust review because current regulatory thresholds ignore intangible assets like intellectual property and customer data. These unreported deals, particularly in tech and pharma sectors, show signs of being more anticompetitive - with higher premiums paid, increased market power for acquirers, and evidence of "killer acquisitions" in pharmaceuticals.

Trump 2.0 Will Challenge the European “Competition Safe Spaces”

Despite fundamental changes in the real economy, and strides in the regulation of privacy, data, and digital markets, antitrust practice and discourse in Europe are still conducted in “safe spaces” where the antitrust community resists change and remains attached to neoliberal approaches and efficiency goals. But the Trump Administration will not just signify a wholesale return to pre-NeoBrandeisian times (as many in Europe hope): indeed Europeans hiding in their “safe spaces” may well be surprised, writes Cristina Caffarra.

A Better Way To Use Ecosystems in Antitrust Analysis

Ecosystem analysis has been a popular but ill-defined concept in antitrust to identify digital products and services that operate across multiple markets. In new research, Konstantinos Stylianou and Bruno Carballa-Smichowski provide a schematic for defining ecosystems to help courts and regulators pursue more sophisticated investigations and interventions into increasingly complicated markets.

The False Choice between Digital Regulation and Innovation

In Europe, many regulatory authorities are debating whether to loosen regulations on tech companies so that they can catch up with their counterparts in the United States and close Europe’s innovation gap. Based on her recent article, Anu Bradford shows that this choice is a false one. She argues that rather than stringent regulation, the gap in tech innovation between the U.S. and EU can be explained by differences in their scaling opportunities, capital markets, bankruptcy laws, immigration policy, and flexibility of their labor markets.

Moderation Is the Cure to the Crisis in Antitrust Expertise

After several decades of obscurity, antitrust reemerged as a fashionable force in the second and third decades of the 21st century. This trend coincided with growing societal distrust of expertise. Barak Orbach explores assertions that corruption and greed drive support for lax antitrust enforcement policies, and that trustbusting zeal is a marker of intellectual integrity. He argues that intellectual integrity and sound public policy require the moderate, technocratic approaches that society heavily discounts.

Would Europe’s Digital Markets Act Work in America?

Some American policymakers have sought to adopt and adapt aspects and principles of the European Union’s Digital Markets Act in an effort to regulate Big Tech giants. In new research, Giovanna Massarotto writes that the principle ideologies driving American and European antitrust, and the broader political economy, renders the DMA and its principles too foreign for American adoption.

More Heraclitus than Kuhn

Andrew Gavil examines the Biden Administration's antitrust policy, placing it in the broader historical context of evolving competition law. He questions the fit of Kuhn’s concept of paradigm shift for antitrust policy and argues instead that Biden's initiatives reflect the unique demands of the digital economy and the true nature of antitrust, which is ever evolving.

Multi-Market Balancing in a New Antitrust Paradigm

Randy Stutz writes that the Biden administration has recalibrated antirust policy by devoting more equal enforcement attention to competition in buyers’ markets and sellers’ markets, thereby promoting the welfare of both suppliers and consumers. The shift raises questions about whether courts should engage in “multi-market balancing”—the weighing of harms in one market against benefits in a different market—when the interests of suppliers and consumers diverge.

Latest news