The Digital Economy

How the FTC Could Have Used Its Draft Merger Guidelines To Argue Against Microsoft-Activision and Meta-Within

Joshua Gray and Cristian Santesteban show how the Federal Trade Commission could have used its 2023 draft Merger Guidelines to focus its challenges against Microsoft-Activision and Meta-Within squarely on the pressing economic concern of protecting competition during critical technological transitions making full use of the law’s traditional incipiency standard.

Fixing Platform Monopoly in the Google Search Case

Google is on trial for anticompetitive behaviors designed to protect its monopoly in internet search. Herb Hovenkamp analyzes several possible remedies the presiding court and Department of Justice could pursue and suggests which ones may succeed in reinforcing competition to protect consumer interests.

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.

Decrypting Crypto

The following is an excerpt from Data Money: Inside Cryptocurrencies, Their Communities, Markets, and Blockchains by Koray Caliskan, now out at Columbia University Press.

European Digital Platform Regulation Risks Undermining Itself with Over-Centralization

Recent European digital regulation surrenders traditional key guideposts of European competition law and policy. The over-centralization of European Union antitrust authority and EU legislation risks undermining member state laws and competences. This may privilege platforms and eventually harm competition and consumers, writes Jörg Hoffmann.

Antitrust for the Platform Economy

Friso Bostoen’s new book, Abuse of Platform Power: Leveraging Conduct in Digital Markets under EU Competition Law and Beyond, outlines how antitrust agencies and policymakers should tackle market power in the platform economy. The following is an adaptation of the book’s introduction.

Next-Generation Antitrust Policy in an AI-Driven World

Simonetta Vezzoso weighs in on the policy debate on algorithmic competition.

Can we Limit Algorithmic Coordination?

Michal Gal discusses the regulatory hurdles to deal with the impacts of algorithmic price collusion. In the meantime, she says, market fixes include algorithmic consumers and platform nudges to mitigate price coordination.

Pricing Algorithms Aren’t Colluding, Yet

Axel Gautier, Ashwin Ittoo, and Pieter van Cleynenbreugel write that the practice of pricing algorithms tacitly colluding remains theoretical for now, and technological obstacles render it very unlikely in the short term. However, regulators must still prepare for a future in which artificial intelligence achieves the necessary sophistication to collude.

Why We Don’t See Higher Use of Merger Simulations

Oliver Budzinski and Victoriia Noskova discuss in their publication why merger simulations are not more widely used by competition authorities and in front of the courts to predict future effects of mergers despite advancements in availability of data, AI and computational power. The institutional setting is an essential factor for computational antitrust tools to be accepted and applied by competition authorities.

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