The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...

The following is a compilation of short book reviews I have prepared over the past two years for the World Competition Law & Economics Review or the Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law website. In one case, the book discussed was published in 2010,...

Similar to the Internet Era, which generated new value chains based on digital marketplaces, the block-chain has the potential to be the next cutting-edge technology which will revolutionize markets. Block-chain technology built on a consensus mechanism can make intermediaries [or third parties]...

Governments must anticipate today's fast moving technologies to be effective. Blockchain potentially is the ideal tool to assist antitrust in enforcing regulation and fully exploiting its core principles—competition and consumer welfare. Blockchain offers antitrust an enormous opportunity and...

Facebook, Amazon, Netflix and Google, as well as Twitter – the FANG companies – have transformed society with both positive and negative effects. Soaring consumer access to information, news, social networks, and entertainment has been stimulated by the ever-more ubiquitous and falling...

There can be no doubt that the FANG companies – Facebook, Amazon, Netflix and Google, as well as Twitter – have transformed society since their emergence. Like all social transformations, the changes wrought by their services have had ripple effects that are both positive and negative. On...

This paper introduces optimal competition: the best form of competition in an industry that a competition authority can achieve under the information constraint that it cannot observe firms' effciency levels. We show that the optimal competition outcome in an industry becomes more competitive as...

Digital markets have raised a number of new competition challenges. Ex-post competition policy appears not to be able to address them in their entirety and with the necessary speed. There is considerable consensus, among academics and policy-makers, that ex-ante regulatory policies are needed to...

In the context of antitrust, technology is not the driver of anticompetitive conduct in digital markets, nor is punishing big companies the solution. It is most likely that markets will shift from centralized closed platforms into decentralized, open networks based on blockchain technologies....

One of the most interesting and challenging phenomena of our information age is the rapid and significant change that takes place in high-technology industries. This change is shaking some of our assumptions regarding the role of technology (e.g., endogenous or exogenous), productions methods...