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Full-Text Articles in Social and Behavioral Sciences
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 …
The Warren Campaign’S Antitrust Proposals, Herbert J. Hovenkamp
The Warren Campaign’S Antitrust Proposals, Herbert J. Hovenkamp
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Antitrust policy promises to be an important issue in the 2020 presidential election, and for good reason. Market power measured by price-cost margins has been on the rise since the 1980s. Presidential candidate Senator Elizabeth Warren has two proposals directed at large tech platforms. One would designate large platform markets such as Amazon “platform utilities,” and prohibit them from selling their own merchandise on the platform in competition with other retailers. The other proposes more aggressive enforcement against large platform acquisitions of smaller companies.
This paper concludes that the first proposal is anticompetitive, leading to reduced output and higher prices …
Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp
Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp
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This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters …