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Full-Text Articles in Law

Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law, Jonathan Baker Nov 2020

Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law, Jonathan Baker

Contributions to Books

This essay provides a perspective on the role of antitrust law in protecting and fostering competition in the digital economy, with particular attention to online platforms. It highlights the danger of anti-competitive exclusionary conduct by dominant online platforms and describes ways that antitrust law can challenge and deter such conduct. The essay also identifies a number of difficulties that U.S. courts and enforcers face in challenging harmful exclusionary conduct by dominant platforms, and discusses some ways regulation can supplement antitrust law in fostering competition.


Joint Response To The House Judiciary Committee On The State Of Antitrust Law And Implications For Protecting Competition In Digital Markets, Jonathan Baker, Joseph Farrell, Andrew Gavil, Martin Gaynor, Michael Kades, Michael Katz, Gene Kimmelman, A. Melamed, Nancy Rose, Steven Salop, Fiona Scott Morton, Carl Shapiro Apr 2020

Joint Response To The House Judiciary Committee On The State Of Antitrust Law And Implications For Protecting Competition In Digital Markets, Jonathan Baker, Joseph Farrell, Andrew Gavil, Martin Gaynor, Michael Kades, Michael Katz, Gene Kimmelman, A. Melamed, Nancy Rose, Steven Salop, Fiona Scott Morton, Carl Shapiro

Congressional and Other Testimony

Economic research establishes that market power is now a serious problem. Growing market power harms consumers and workers, slows innovation, and limits productivity growth. Market power is on the rise in a number of major industries, including, for example, airlines, brewing, and hospitals, where multiple horizontal mergers that were allowed to proceed without antitrust challenge have markedly increased concentration in important markets and facilitated the exercise of market power. Exclusionary conduct by dominant companies that stifles competition from actual and potential rivals — including nascent rivals with capabilities for challenging a dominant firm’s market power and firms with competing R&D …


The Not-So-Free Spirit Of Coachella: Coachella's Overbearing Radius Clause And The Sherman Antitrust Act, Holly Santapaga Jan 2020

The Not-So-Free Spirit Of Coachella: Coachella's Overbearing Radius Clause And The Sherman Antitrust Act, Holly Santapaga

American University Business Law Review

No abstract provided.


Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan Jan 2020

Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan

American University Law Review

Populists are trying to take down the global economic order and its institutions. While some of those forces might be fueled by racism, they also play to legitimate social concerns that include massive plant closings and deindustrialization, inadequate skills programs, and lack of decent jobs. Some of these problems also concern the Global South, as workers there face exploitation, unhealthy working conditions, and other social ills caused by global capitalism. In light of these problems, this Article argues that the International Labor Organization (ILO) should design new conventions on lead firm liability and mass layoffs. While other scholars and policymakers …


The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie Jan 2020

The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie

American University Law Review

No abstract provided.