The Austrian Federal Competition Authority (AFCA) invited comment on its draft guidelines for exempting “sustainability agreements” from condemnation under Austrian competition law. That law recently changed, allowing a specific exemption for otherwise anticompetitive horizontal agreements...

We submit this comment in response to the request of the U.S. Department of Justice, U.S. Patent and Trademark Office, and National Institute of Standards and Technology to comment on the proposed Draft Policy Statement (DPS) on Licensing Negotiations and Remedies for Standards-Essential Patents...

The GAI filed this Comment with the Canadian Competition Bureau in response to the Bureau's request for public feedback on draft Guidance on Wage-Fixing and No-Poaching Agreements. Such agreements will be subject to a new statute (subsection 45(1.1), Canadian Competition Act) taking effect June...

The Australian Competition & Consumer Commission (ACCC) released its Digital Platform Services Inquiry, Interim Report No. 5 (Regulatory Reform) in September 2022. In December 2022, the Australian Treasury requested comments on the report. The ACCC Report recommends, inter alia, several...

The European Commission's recent draft Notice describes the use of supply-side substitution factors in defining relevant markets for the application of competition law. Expanding a defined market to include goods not substitutable on the demand side, based on the competitive strength of a broad...

China's revised Anti-Monopoly Law (AML) went into effect in August 2022. In November, the Supreme People's Court (SPC) requested comments on its draft provisions for applying the AML in civil disputes. The Global Antitrust Institute's comment discusses the importance of the AML's newly expressed...

This brief explains amici's understanding of the relevant economic analysis. It explains why basic economic principles underlying the analysis of multi-sided markets lead to the conclusion that a plaintiff should be required to demonstrate, at a minimum, that: (1) the allegedly unlawful...

In this Essay, the authors argue that in cases involving digital platforms, the Federal Trade Commission — when alleging unfair acts or practices in violation of section 5 of the Federal Trade Commission Act — must adopt the insights from platform economics and apply them within the legal...

The extraordinary success of the digital sector of the domestic economy is indisputable. With this level of market success, growth, and influence, both economically and culturally, it is perhaps inevitable that these businesses are increasingly at the forefront of public policy discussions. Most...