Last week, one of our papers was mentioned by none other than Nobel Laureate @DAcemogluMIT. I want to take the opportunity to engage critically with the points he raised in his recent "Remaking the Tech Sector" thread. I write here as an econ-friendly antitrust lawyer🧵 1/N
To begin, I take issue with the introduction's critique of the common description of the digital economy as "made up of competitive small companies rushing to innovate." This characterization is more accurate than not. 2/N
The notion of numerous small firms competing in places like the Bay Area is largely true. Our paper, Gatekeepers, Landlords, or Superstars (w/ Bo Heiden & Sotiris Georgoudios), examined this phenomenon. 3/N papers.ssrn.com/sol3/papers.cf…
The great @StiglerCenter conference yesterday showcased what @ZephyrTeachout called a series of ‘history panels” on antitrust #StiglerAntitrust24. A thread on why so much focus on history in US antitrust debates 1/n
That intense emphasis on history is a fascinating intellectual phenomenon. In contrast, European discussions about antitrust reform are more focused on present-day issues such as concrete policy impacts, legal administrability, and economic soundness 2/n
So why the focus on history in the US antitrust convo? I see three possible reasons. One, the neobrandeisian movement needs history to rescue itself from a legitimacy trap it 3/n
The arrival of a new kid on the block in social media holds three lessons for competition in digital markets. A thread on @Threads 1/n
1⃣ A theory of 'broad-spectrum' competition amongst monopoly platforms has strong descriptive power. As I wrote in my book, each dominant tech firms exerts a degree of competitive pressure on the other 2/n https://t.co/jNNP9VhMYaamazon.it/Big-Tech-Digit…
My theory doesn't predict where moligopoly competition hits, but it correctly shows the existence of new channels of competition across markets that current laws incorrectly treat as fraught with monopoly illnesses @Cernaksj reviewed the argument there 3/n https://t.co/SztcRde8Aramericanbar.org/content/dam/ab…
The General Court (GC) was asked for 2nd time to review legality of an EUCommission setting a > €1 Bi fined against chip maker Intel for abuse of dominance. 2/n
When GC looked the 1st time, it gave the EC a satisfecit. The case was appealed to the upper EU Court (CJEU), which appeared more uncertain 3/n
Now the law. Annulment proceedings can be understood as a « procès fait à un acte ». EU law does not follow the adversarial model of litigation of anglo-american legal systems. « We » is inappropriate 2/n
And the law again. In continental law systems, judicial control of administrative decisions is a safeguard against excessive encroachment of executive power on the will of the people, as expressed in congressional legislation or constitutional principles and texts 3/n