Antitrust enforcement in digital and high-tech markets is not disconnected from traditional antitrust theory or practice. Yet, unique features of firms operating in digital and other high-tech markets can necessitate modification of doctrine. For example, modern antitrust enforcement in digital...

Evaluating digital discrimination based on race, ethnicity, color, religion, or national origin should be relatively straightforward. But Section 60506 of the Infrastructure Investment and Jobs Act adds income level as a protected class. This presents what we call the “income conundrum.” It...

A large body of scholarship demonstrates that press coverage is beset with biases. Contemporary media coverage of large firms operating in the digital economy suggests that some of these biases may be at work when the press describes them as “monopolies.” We test this hypothesis by analyzing...

The award of the Nobel Prize in Economics to Professor Jean Tirole in 2014 has generated intense interest about his brainchild theory of two-sided markets. Against this background, this paper explores whether there is such a thing as a unified theory of two-sided markets and whether the...

This paper seeks to ascertain whether Google’s Android licensing terms, which are currently under scrutiny from the European Commission, should be absolved of antitrust sanctions because they increase its incentives to innovate. The paper starts by analyzing Google’s business model with...

In July of 2019, the Australian Competition and Consumer Commission (“ACCC”) concluded its high-profile 1.5-year investigation into the effect of digital platforms on competition in media and advertising markets.The ACCC’s Final Report claims that competition is “not working” in the...

Thousands of patents underpin the technologies that power the digital economy. Coordination among firms developing and implementing these novel technologies has notably been facilitated in large part by Standards Developing Organizations (SDOs). Despite the evident benefits of standardization in...