Jens-Uwe Franck
Jens-Uwe Franck is Professor of Private Law, Commercial Law and Competition Law at the University of Mannheim and Senior Member of the Mannheim Center of Competition and Innovation—MaCCI (since 2014). While his main field of research is competition law, research projects regularly address cross-cutting issues and also concern banking and securities regulation as well as consumer protection. Jens-Uwe has widely published in leading European and German law journals including the European Law Review, the Common Market Law Review and the Zeitschrift für das gesamte Handelsrecht. He has repeatedly engaged in research projects with economists. An empirical study on collusion coauthored with Patrick Andreoli-Versbach was published in the International Journal of Industrial Organization. A prize-winning article on cartel damages coauthored with Martin Peitz (Winner, Antitrust Writing Awards 2019: Academic Articles, Private Enforcement) was published in the NYU Journal of Law and Business. Jens-Uwe’s research has for some years now more specifically focused on competition practice and the regulation of digital platforms. Together with Martin Peitz, he wrote the widely acknowledged report on “Market Definition and Market Power in the Platform Economy” for the Centre on Regulation in Europe (CERRE). In recent research papers, he has analyzed the German “Lex Apple Pay,” a legislative attempt to give payment service providers a right to directly access the NFC interfaces of Apple’s mobile devices (coauthored with Dimitrios Linardatos) and measured the EU Member States’ leeway to regulate platform-to-business agreements (coauthored with Nils Stock).
Antitrust and Competition
Taming Big Tech: What Can We Expect From Germany’s New Antitrust Tool?
Targeted at Big Tech, Germany’s new antitrust tool for dealing with large digital platforms rebalances the power between the competition watchdog and...
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Antitrust and Competition
A World With Far Fewer Mergers
Brooke Fox and Walter Frick analyze research and ideas presented at the Stigler Center Antitrust and Competition Conference that question the value of mergers.
Commentary
The Banking Risks of Central Bank Digital Currencies
The implementation of central bank digital currencies as the primary medium of exchange would exacerbate the flaws of our current fiat system which encourage banks to overextend credit and create liabilities that they cannot redeem. This will worsen the already recurring cycles of financial crises, writes Vibhu Vikramaditya.
Antitrust and Competition
The Whig History of the Merger Guidelines
A pervasive "Whig" view of United States antitrust history among scholars and practitioners celebrates the Merger Guidelines' implementation of increasingly sophisticated economic methods since their...
Antitrust and Competition
Algorithmic Collusion in the Housing Market
While the development of artificial intelligence has led to efficient business strategies, such as dynamic pricing, this new technology is vulnerable to collusion and consumer harm when companies share the same software through a central platform. Gabriele Bortolotti highlights the importance of antitrust enforcement in this domain for the second article in our series, using as a case study the RealPage class action lawsuit in the Seattle housing market.
Antitrust and Competition
The Future Markets Model Explains Meta/Within: A Reply to Herb Hovenkamp
In response to both Herb Hovenkamp’s February 27 article in ProMarket and, perhaps more importantly, also to Hovenkamp’s highly regarded treatise, Lawrence B. Landman, first, shows that the Future Markets Model explains the court’s decision in Meta/Within. Since Meta was not even trying to make a future product, the court correctly found that Meta would not enter the Future Market. Second, the Future Markets Model is the analytical tool which Hovenkamp says the enforcers lack when they try to protect competition to innovate.
Book Excerpts
The Chicago Boys and the Chilean Neoliberal Project
In a new book, The Chile Project: The Story of the Chicago Boys and the Downfall of Neoliberalism, Sebastian Edwards details the history of neoliberalism in Chile over the past seventy years. The Chicago Boys—a group of Chilean economists trained at the University of Chicago through the U.S. State Department’s “Chile Project”—played a central role in neoliberalism’s ascent during General Augusto Pinochet’s rule. What follows is an excerpt from the book on University of Chicago economist Milton Friedman’s 1975 visit to Chile to meet with Pinochet and business leaders.
Antitrust and Competition
Creating a Modern Antitrust Welfare Standard that Integrates Post-Chicago and Neo-Brandeisian Goals
Darren Bush, Mark Glick, and Gabriel A. Lozada argue that the Consumer Welfare Standard is inconsistent with modern welfare economics and that a modern approach to antitrust could integrate traditional Congressional goals as advocated by the Neo-Brandesians. Such an approach could be the basis for an alliance between the post-Chicago economists and the Neo-Brandesians.
