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Antitrust And Platform Monopoly, Herbert J. Hovenkamp
Antitrust And Platform Monopoly, Herbert J. Hovenkamp
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Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.
Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …
Antitrust Harm And Causation, Herbert J. Hovenkamp
Antitrust Harm And Causation, Herbert J. Hovenkamp
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How should plaintiffs show harm from antitrust violations? The inquiry naturally breaks into two issues: first, what is the nature of the harm? and second, what does proof of causation require? The best criterion for assessing harm is likely or reasonably anticipated output effects. Antitrust’s goal should be output as high as is consistent with sustainable competition.
The standard for proof of causation then depends on two things: the identity of the enforcer and the remedy that the plaintiff is seeking. It does not necessarily depend on which antitrust statute the plaintiff is seeking to enforce. For public agencies, enforcement …