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Full-Text Articles in Antitrust and Trade Regulation
Worker Welfare And Antitrust, Herbert J. Hovenkamp
Worker Welfare And Antitrust, Herbert J. Hovenkamp
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The important field of antitrust and labor has gone through a profound change in orientation. For the great bulk of its history labor has been viewed as a competitive threat, and the debate over antitrust and labor was framed around whether there should be a labor “immunity” from the antitrust laws. In just the last decade, however, the orientation has flipped. Most new writing views labor as a target of anticompetitive restraints imposed by employers. Antitrust is increasingly concerned with protecting labor rather than challenging its conduct.
Antitrust interest in labor markets is properly focused on two things. The smaller …
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
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Compelled interoperability can be a useful remedy for dominant firms, including large digital platforms, who violate the antitrust laws. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.
Given the wide variety of structures and business models for big tech, “interoperability” must be defined broadly. It can realistically include everything from “dynamic” interoperability that requires real time sharing of data and operations, to “static” interoperability which requires portability but not necessarily real time interactions. Also included are the compelled sharing of intellectual property or …