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University of Pennsylvania Carey Law School

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2023

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Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto Jan 2023

Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto

University of Pennsylvania Journal of Business Law

The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for …