Law Commons^™

Innovation Misunderstood, Maurice E. Stucke, Ariel Ezrachi

Scholarly Works

Innovation is transformative and key to future prosperity. It is therefore of no surprise that antitrust laws seek to promote it. What is surprising, however, is that despite the central role that innovation occupies in competition cases, its actual treatment by the courts is far from nuanced.

In this paper, we reflect on the D.C. Circuit’s 2023 ruling in N.Y. v Meta to illustrate the prevailing monocular vision adopted by the court in its treatment of innovation. That vision, we argue, reflects simplistic assumptions as to innovation dynamics and mistaken beliefs about the digital economy. It is further compounded by …

Addressing Personal Data Collection As Unfair Methods Of Competition, Maurice E. Stucke

Scholarly Works

Enforcers, policymakers, scholars, and the public are concerned about Google, Apple, Facebook, Amazon, and recently Microsoft and their influence. That influence comes in part from personal data. These companies are “data-opolies,” in that they are powerful firms that control our data. The data comes from their vital ecosystems of interlocking online platforms and services, which attract users; sellers; advertisers; website publishers; and software, app, and accessory developers.

The public sentiment is that a few companies, in possessing so much data, possess too much power. Something is amiss. Cutting across political lines, many Americans think Big Tech’s economic power is a …

Algorithmic Tacit Collusion, Maurice E. Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.

The Role Of Secondary Algorithmic Tacit Collusion In Achieving Market Alignment, Maurice E. Stucke, Ariel Ezrachi

Scholarly Works

The antitrust risks associated with the use of the same hub’s pricing algorithm by many sellers are now well-accepted. But what if many rivals use several different hubs for dynamic pricing? The common assumption is that in such instances, competition among the pricing hubs would support competition among the sellers. However, in this paper we argue differently and introduce the concept of secondary algorithmic tacit collusion, which leads to anticompetitive effects, independent of the conditions on the primary market. This phenomenon may lead to the evils of price-fixing but on far a wider scale. Contrary to traditional tacit collusion, this …

Antitrust Enforcement And Market Power In The Digital Age: Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.

Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke

Book Chapters

No abstract provided.

Leniency, Whistle-Blowing And The Individual: Should We Create Another Race To The Competition Agency?, Maurice E. Stucke

Book Chapters

No abstract provided.

Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand

Transactions: The Tennessee Journal of Business Law

In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …

Greater International Convergence And The Behavioural Antitrust Gambit, Maurice E. Stucke

Book Chapters

No abstract provided.

A Portrait Of The Insider Trader As A Woman, Joan Macleod Heminway

Book Chapters

No abstract provided.

Discovery In A Global Economy, Maurice Stucke

Book Chapters

No abstract provided.

What Is Competition?, Maurice Stucke

Book Chapters

No abstract provided.

Am I A Price Fixer? A Behavioural Economics Analysis Of Cartels, Maurice Stucke

Book Chapters

No abstract provided.

Are People Self-Interested? The Implications Of Behavioral Economics On Competition Policy, Maurice Stucke

Book Chapters

No abstract provided.

Antitrust Review Of The At&T/T-Mobile Transaction, Maurice E. Stucke, Allen Grunes

College of Law Faculty Scholarship

In this Essay, we review AT&T Inc.’s proposed $39 billion acquisition of T-Mobile USA, Inc., under federal merger law, under the U.S. Department of Justice and Federal Trade Commission’s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn …

Martha Stewart: Insider Trader?, Joan Macleod Heminway

Book Chapters

The public is justifiably confused. Most who know the story believe that Stewart sold her ImClone shares while in possession of nonpublic information that had the potential to move the market in ImClone shares. This type of unfairness in stock trading commonly is thought to constitute insider trading; those who have an inside track to market-sensitive information should not be able to trade on it.